MALKHAN AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellants, is directed against the judgement and order dated 9th July, 2010 passed by Sri Vikash Saxena,Additional Sessions Judge, Fast Track Court No.4, Bareilly in Sessions Trial No.1029 of 2006, State Vs. Malkhan and others, whereby appellants were convicted under section 498-A, 304-B I.P.C and 3/4 D.P. Act and sentenced to undergo rigorous imprisonment for ten years under section 304B I.P.C, rigorous imprisonment for two years and to pay fine of Rs.2000/- in default whereof to undergo two months imprisonment under section 498A I.P.C and rigorous imprisonment of one year and to pay fine of Rs.2000/- in default whereof to undergo imprisonment of two months. All the sentences were directed to run concurrently.

(2.) In the present appeal, facts of the prosecution case may be summarized as under.

(3.) That on 12th June, 2010 at 6.30 p.m, Megh Nath resident of village Chaharpur has lodged a written report at P.S Bhuta, Distict Bareilly stating therein that his sister Rajrani was married to Malkhan (two and half years ago). His parents had died. His brother-in-law used to demand Rs.3000/- cash and one motorcycle, when he did not accede to demand due to his financial constrains, Malkhan threatened to murder his sister. On 10th June, 2004 his cousin Prem Shankar was sent to bring Rajrani but Malkhan did not send her and on that day he was informed that his sister was murdered by him. When he reached village Bramhpur he found his sister dead and on her dead body, there were several contusions and blood was oozing from her body. When he tried to escape himself then Sri Malkhan chased him. He had requested that suitable action be taken against Malkhan and his parents.