MITHLESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal filed on behalf of the accused -appellant under Sec. 374 (2) Cr.P.C. is directed against judgment and orders dated 25.1.2008 passed by Sushree Renu Agarwal, the then Additional Sessions Judge, Fast Track, Court No. 1 Unnao in S.T. No. 541 of 2004, arising from Crime No. 276 of 2004 registered at P.S. Makhi, Unnao whereby the appellant has been convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life. He was acquitted from charges under Ss. 498A, 304B IPC and Sec. 4 of the Dowry prohibition Act.

(2.) Briefly stated the prosecution version in the appeal is that Hanuman married his daughter Sunita in June, 2000 with Mithlesh and gave dowry according to his status. Her husband, Jeth and in -laws were demanding Rs. 20,000 cash and one motorcycle more in dowry, which could not be met by him. For this reason in the night 14/15 August, 2004 his daughter was murdered by Mithlesh (husband), Kamlesh Dudu (Jeth), his wife and in -laws by sprinkling kerosene oil on her and putting her on fire. Hearing about it he reached sasural of his daughter, from there District Hospital, Unnao where his daughter told him that she was set at fire by the aforesaid persons for dowry. She died on that day at 3 p.m.

(3.) On 20th August, 2004 at 4 p.m. at this report chick FIR was scribed, case crime No. 276 of 2004 under Ss. 498A, 304B IPC and Sec. 3/4 Dowry Prohibition Act was registered at p.s. Makhi, District Unnao. Investigation was entrusted to Circle Officer Hasanganj. Before that on the death memo on 16th August, 2004 inquest proceedings were held. On that day at 4.20 p.m. postmortem examination of the dead body of Smt. Sunita was conducted. Charge sheet was submitted against only the present appellant. Against rest closure report was submitted.