BUDDHIPAL VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajeev Misra holding brief of Mrs. Soniya Mishra, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State.

(2.) Instant appeal has arisen out of the judgment of conviction and sentence dated 29.4.2009 passed by learned Additional Sessions Judge/ Fast Track Court, Balrmapur in Sessions Trial No.33 of 2007, arising out of Case Crime No.627 of 2006, under section 302 IPC, P.S. Kotwali, Uttaraula, District-Balrampur whereby accused-appellant was convicted under section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs.5000/-with default stipulation of six months' imprisonment.

(3.) According to the prosecution version, accused-appellant (Buddhipal Verma) is the husband of deceased (Sunita Devi). FIR was lodged by Ram Ujagar father of the deceased on 28.10.2006 at 22.30 hours stating that deceased Sunita Devi was married to accused-appellant Buddhipal Verma in their childhood. Gauna took place about three years back. Sufficient articles were giving in the marriage but in the Gauna accused and his father Madhau Ram, brother Vijay Pal and Dhrub Pal were insisting for a ''Splendor Motor Cycle' but the complainant could not give it due to his poverty. Since then deceased went to her in laws house three or four times. Whenever she was in her in laws house she was tortured for the demand of motor cycle.