RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment and order dated 16-9-2005 passed by the Additional Sessions Judge/special Judge (E. C.) Act Varanasi in S. T. No. 337 of 2002, State v. Raj Bahadur and Ors. , whereby convicting and sentencing the appellants with rigorous imprisonment for life for the offence under Sections 304-B, 120-B I. P. C. , under Sections 498-A, 201 read with Section 120-B I. P. C. with rigorous imprisonment for three years and fine of Rs. 5,000/- each and in default to undergo rigorous imprisonment for six months and under Section 3/4 of Dowry Prohibition Act with rigorous imprisonment for one year and fine of Rs. 2,000/- and in default to serve rigorous imprisonment for two months. All the sentences were to run concurrently.

(2.) THE brief resume of back up facts mid evidence adduced at the trial is thus : The daughter of first informant Lal Vrat (P. W. 1) was married to appellant No. 1 Raj Bahadur about four years before the incident. It was alleged that first informant and his daughter came to know after her marriage about the first marriage of appellant No. 1 with appellant No. 2 Smt. Radha alias Kamla and her living in the same house with him. The appellants alleged to have tortured and tormented informant's daughter for demand of cash of Rs. 20,000/ -. On 6-6-2000 informant's son went to her martial home and she told him that she was being harassed and assaulted by the appellants for the demand of money. On 11-6-2000 the first informant received information trilogy a stranger that his daughter was poisoned to death by the appellants on 9-6-2000 and caused the disappearance of dead-body. The victim was having pregnancy of six months at the time of incident. THE written report of the incident Ext. Ka-1 was lodged at the police station on 19-6-2000 at 3. 10 p. m. On the basis of written report chick F. I. R. Ext. Ka-11 was prepared by H. C. Nand Lal and crime case No. 84 of 2000 was registered under Sections 498-A, 304-B, 201, 120-B I. P. C. and Section 3/4 of Dowry Prohibition Act at P. S. Jansa District Varanasi. The investigation was entrusted to Circle Officer Ajay Pratap Singh (P. W. 8 ). The Investigating Officer visited the place of occurrence and prepared site plan Ext. Ka-2. After investigation final report Ext. Kha-1 was submitted. The final report was rejected by S. P. R. A. vide order dated 3-7-2000 and further investigation was handed over to C. O. Sadar Swami Prasad Mishra (P. W. 9 ). The Investigating Officer after going through the affidavits interrogating the witnesses and completing other necessary formalities submitted the charge-sheet Ext. Ka-10 against accused/appellants for the offence under Sections 304-B, 498-A, 201, 120-B I. P. C. and Section 3/4 of Dowry Prohibition Act.

(3.) THE accused/appellants in their statements under Section 313 Cr. P. C. denied the prosecution allegations in toto and filed their written statements stating that first marriage of appellant Raj Bahadur was solemnised twenty years before and couple being issueless, the appellant was engaged to first informant's daughter Neelam, a blind girl, with the consent of his first wife and engagement ceremony took place at Vishwanath Mandir, B. H. U. On 8-6-2000 at about 11 p. m. in the absence of appellant Raj Bahadur the first informant's daughter had an attack of cholera and was taken to Jeewan Deep Hospital Bhadohi by appellants Jang Bahadur alias Jangi and Radha alias Kamla from where she was referred to Varanasi. Her condition being critical she was admitted in Kachhwa Christian Hospital situated at Kachhwa, at 4. 15 a. m. on 9-6-2000 where she died during the course of treatment at 5. 30 a. m. The information about death was conveyed to Virendra Prasad alias Bengali R/o Khajuri. The first informant and Tilakdhari (P. W. 5) his elder son-in-law and other family members attended her cremation. The appellants denied having demanded dowry and harassed the victim for extortion of dowry and attributed their false implication at the behest of Hingu and Bechan R/o Nehwanipur with whom civil suit was pending. The appellants in their defence filed documentary evidence Ext. Kha-1 to Kha-14 and examined Keshav Singh (D. W. 1), Virendra Prasad alias Bengali (D. W. 2), Dr. Jackob Jan (D. W. 3) to establish the plea of alibi of appellant No. 1 death of victim due to cholera and circumstances in which second marriage of appellant No. 1 took place.