ASHADEEN & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have assailed the judgment of the Special/ Additional Sessions Judge, Fatehpur1 dated 05th September, 1990 passed in Session Trial No. 508 of 1989, finding the appellants guilty for commission of offences under Sections 304-B and 498-A I.P.C.. The trial Court heard the appellants on sentence and by an order dated 06th September, 1990 sentenced the appellants to imprisonment for life under Section 304-B I.P.C.. They were further sentenced to imprisonment for three years' rigorous imprisonment under Section 498-A I.P.C. and they were also awarded a fine of Rs.1,000/- each under Section 498-A I.P.C.. All the sentences were directed to run concurrently. It was also provided that in case of default in payment of fine, the appellants shall further undergo imprisonment for three months.

(2.) The prosecution commenced on 17th March, 1989 upon receipt of a written complaint by P.W.-1 Madho Narain at 8.30 a.m. at Police Station Jahanabad, District Fatehpur. The first information report2 was registered on the same day as Case Crime No. 50 of 1989, under Section 498-A and 304-B I.P.C. In his written report P.W.-1 stated that his daughter Durga Devi, aged about 22 years, was married with one Ashadeen Bajpai, son of Ram Swaroop Bajpai, about three years back. It was alleged that almost every day the family of the accused used to harass his daughter Durga Devi in respect of demand of dowry. They had threatened her that if she failed to get a motor bike to them from her father, she would be done to death. On 16th March, 1989 in respect of the said demand they had administered some poisonous substance in her food resulting in her death, and along with his daughter Durga Devi, her daughter, who was aged about five months only, also died due to poisonous substance.

(3.) In his complaint, P.W.-1 named the appellants-- Ashadeen Bajpai (husband of Durga Devi), Ram Swaroop Bajpai (father of Ashadeen Bajpai), Smt. Basanti (mother of Ashadeen Bajpai), Rani (widowed daughter of Ram Swaroop Bajpai). The said written report is marked as Ext. Ka-1 and FIR is marked as Ext. Ka-8.