SURESH KUMAR SAINI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 12.7.1996 passed by IVth Additional Sessions Judge, Lucknow in Sessions Trial No. 296 of 1994 relating to case crime no. 121 of 1993 under sections 498A and 304B Indian Penal Code (For short IPC), police station -Aminabad, District-Lucknow, whereby the appellant Suresh Kumar Saini was convicted and sentenced for the offences punishable under section 304-B with rigorous imprisonment of 10 years and under section 498A I.P.C. with rigorous imprisonment of one year.

(2.) The facts giving rise to the present appeal are that the marriage of daughter of complainant was solemnised to appellant, according to Hindu rites and rituals before three years from the date of the alleged incident. At the time of marriage, the appellant had not made any demand of dowry, but at the time of Bidai, a sum of Rs. 10,000/- was demanded by him from the complainant. The complainant expressed his inability in giving the same, upon which the appellant restrained him from visiting his house unless a sum of Rs. 10,000/- is given. After a lapse of about one year from the date of marriage, the appellant started beating his wife for dowry and sent her to the house of complainant where she remained live for about one year. Thereafter, she was brought by her mother-in-law to matrimonial house. The complainant sent his wife to bring his daughter, but the appellant did not send her. On 20.5.1993 at about 3.00 p.m., a neighbour of the appellant told the complainant that his daughter has burnt and is admitted in the hospital. Upon this information, the complainant alongwith his some neighbour persons went to the hospital and came to know that his daughter has died. The complainant has the suspicion that she has been killed by the appellant because whenever his daughter came to his house, she used to told about the demand of Rs. 10,000/-by the appellant. The matter was reported to the police station Aminabad on 21.5.1993 at 22.30 hrs. where a case was registered at case crime no. 121 of 1993, under sections 498A and 304B I.P.C. and section 3/4 Dowry Prohibition Act.

(3.) The post-mortem and other formalities were conducted and after the investigation, the charge-sheet was filed against the appellant for the said offences. The appellant was charged for the offences punishable under sections 498A and 304B I.P.C. which he had denied and claimed trial.