VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and also the learned counsel for the State at a great length. I have also gone through the statements of the witnesses produced in this case.

(2.) VINOD Kumar filed this appeal in this court with a prayer for bail against his conviction under section 302! IPC and sentence of life imprisonment recorded by Sri R. L.Soni, II Additional Sessions Judge, Saharanpur by his Judgment and order dated 5-3-86. The appeal was admitted by the High Court but the consideration of the prayer for bail was deferred till the receipt of the record from the lower court and the Hon'ble Court had summoned the record.

(3.) IT was alleged by the prosecution that the appellant Vinod Kumar aged 25 years was married to Smt.Amita alias Babli aged about 22 years (deceased) on 9-5-83 in the Khatri Dharamshala, Mohalla Lakhigate, Saharanpur. The appellant started living in Railway Quarters, Saharanpur alongwith Smt. Amita alias Babli after his marriage and about (15-20) days prior to the present occurrence, he shifted to a rented house along with his wife in Mohalla Shoramian is the city of Saharanpur. IT was further alleged that the appellant did not treat his wife properly after the marriage and he forced her to bring Rs. 2,000/- from her father who was also living in the city of Saharanpur and, consequently, her father Shri Padam Parshad Jain met the demand of the appellant and paid him Rs. 2,000/-. IT was further alleged that the appellant continued to demand money and other articles and his father-in-law tried his best to fulfil the demands made by him. The appellant had further demanded T- V. Set which was also provided to him by his father-in-law. Even then, the accused used to torture his wife Amita alias Babli and maltreat her. She was also assaulted by the appellant for compelling her to bring more money from her father. IT was also alleged that in the last week of January 1984, the accused again beat her whereupon her father Sri Padam Parshad Jain and brothers went to the house of the accused and a compromise between the parties in the presence of Sri Om Prakash Gupta, maternal grand-father of the accused, was arrived at and the accused-appellant gave assurance by writing on a Stamp Paper of Rs. 5/- that he would neither assault nor maltreat her in future. This document Ex. Ka-1 was also signed by Sri Om Prakash Gupta, the maternal grand father of the appellant, as well as Sri Padam Parshad Jain.