RAMVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ALL the appeals are directed against the judgment and order dated 20 -4 -2005 passed by Addl. Sessions Judge, Court No. 3, Shahjahanpur in S.T. No. 1869 of 2003 whereby the appellants were convicted under Sections 304 -B, 498 -A I.P.C. and Section 4 of Dowry Prohibition Act and sentenced the appellants Ramvir Singh, Mahendra Pal Singh and Shyamvir Singh alias Shyamu to undergo imprisonment for life under Section 304 -B I.P.C., one year imprisonment under Section 498 -A I.P.C. and a fine of Rs. 5,000/ - each and in default of payment of fine 3 months further imprisonment and further sentenced to undergo 6 months imprisonment under Section 4 Dowry Prohibition Act and a fine of Rs. 2,000/ - each and in default of payment of fine further imprisonment of two months. Further the appellants Smt. Ramvati and Km. Soni were convicted under Section 304 -B I.P.C. and sentenced to imprisonment for 7 years, one year imprisonment under Section 498 -A I.P.C. and a fine of Rs. 5,000/ - each and in default of payment of fine further imprisonment of 3 months and further sentenced to 6 months imprisonment under Section 4 of Dowry Prohibition Act and a fine of Rs. 2,000/ - each and in default of payment of fine two months further imprisonment. All the sentences to run concurrently.

(2.) BRIEF facts of the case, which gave rise to these appeals, are that a First Information Report was lodged by Narvir Singh at Police Station Madnapur, District Shahjahanpur on 4 -6 -2003 wherein it was alleged that he had married his daughter Reena Devi according to Hindu rites with Ramvir Singh on 28 -4 -2003. He had given dowry according to his status. He had also given a motor -cycle in dowry but there was continuous demand of dowry by Ramvir Singh, husband, Mahendra Pal Singh, father -in -law, Smt. Ramvati, mother -in -law, Shyamvir Singh, brother -in -law and Km. Soni, daughter of Shyamvir Singh. They used to demand a fridge, a colour television and Rs. 50,000/ - cash. After the marriage when she returned to his house, she had narrated the demand. About 4 days back his son Pushpendra had gone to the house of in -laws of Reena she had stated him that their family members beat her and they did not give her food also. They are demanding Rs. 50,000/ -, a colour television and a fridge and they also threatened her that in case the demand is not fulfilled within a week they will kill her and re -marry Ramvir Singh. The informant approached in - laws of his daughter but they did not pay any heed and committed her murder in the night of 20/21 -5 -2003. After hearing the news of death of his daughter he went to her in -laws' house and saw the injuries on various parts of her body.

(3.) DHARMENDRA Sachan, Dy. Superintendent of Police had investigated the case. He had prepared the site plan on the pointing out of the informant which is Ext. Ka -8. He had arrested Ramvir Singh and Mahendra Pal Singh on 12 -6 -2003. He had recorded the statements of Munni Devi, Pushpendra, Jaiveer, Upadesh, Guddu and other witnesses. After the conclusion of the investigation he had submitted the charge -sheet. The post -mortem was conducted by Dr. P.P. Srivastava on 22 -5 -2003. In the external examination he had found the dead -body of average built. Rigor mortise passed off upper and lower extremities all over body swollen. Blister present at places. Face congested, scalp hair loosing and easily pulled out. Tongue protruded and out of mouth. Eyes closed. Clotted blood present in both nostril. He had noted the following ante -mortem injuries in the internal examination :