RAM PHERAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.P. Yadav, learned counsel for the appellants and Sri Pawan Kumar Mishra, learned AGA for the State.

(2.) The instant Criminal Appeal has been filed assailing the judgment and order dtd. 25/8/1995, passed in Sessions Trial No.498/1994 (The State versus Ram Pheran and Others) by the Sessions Judge, Gonda, arising out of Case Crime No.29/94, under Ss. 498- A/ 304-B/ 302 read with Sec. 34 of Indian Penal Code(hereinafter referred to as IPC) and Sec. 3/5 of Dowry Prohibition Act (hereinafter referred as D.P. Act), Police Station Harraiya, District Gonda, by means of which the appellants have been convicted under Sec. 302 read with Sec. 34 IPC and Sec. 498- A IPC and sentenced each of them to undergo imprisonment for life under Sec. 302 read with Sec. 34 IPC and to undergo one year rigorous imprisonment under Sec. 498-A IPC alongwith a fine of Rs.1000.00 payable by each of them and in default of payment of fine, to undergo further rigorous imprisonment for one month. It has further been provided that all the sentences shall run concurrently.

(3.) The prosecution story, in short, is that Smt. Meena Devi, daughter of Moti Lal was married to the appellant no.2 Mansha Ram, resident of Village Sonpur, Police Station Harraiya, District Gonda in the year 1989. The accused Ram Pheran is the husband of the accused Smt. Maharani. They are the father-in-law and mother-in-law of the deceased. The accused persons used to demand Rs.1,000.00 as dowry from the deceased and harass her on account of non-fulfillment of their demand. It was further alleged that, since the marriage of the brother of the deceased was scheduled to take place on 23/6/1994, her brother Ram Chandra had come to take her on 19/6/1994. However, she was not sent with Ram Chandra, the brother of the deceased and he was forced to return without her. He was told that if the amount of dowry of Rs.1000.00 would not be paid, his sister would face dire consequences. In the midnight between19/6/1994 and 20/6/1994, the deceased was allegedly burnt by the appellants, on account of non-fulfillment of their demand of dowry. The written F.I.R. was given at Police Station Harraiya on 20/6/1994 at about 04:45 p.m. by Moti Lal, the father of the deceased. On the basis of the said written report, Chick F.I.R. was prepared and case was registered against all the three accused/appellants at Crime No.29/94, under Ss. 498-A/ 304-B I.P.C., entry of which was also made in the GD, a copy of which is on record.