BRIJESH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Smt. Mamta Singh, the amicus curie, for the appellant and A.G.A., for State of U.P.

(2.) This appeal has been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 7, Farrukhabad dated 30.06.2012, in S.T. No. 363 of 2009, State of U.P. Vs. Brijesh (arising out of Case Crime No. 1219 of 2009, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Kotwali, district Farrukhabad), sentencing the appellant for ten years rigorous imprisonment under Section 304-B IPC, three years rigorous imprisonment with fine of Rs. 5000/- under Section 498-A IPC and two years rigorous imprisonment with fine of Rs. 5000/- under Section 4 of Dowry Prohibition Act, 1961, with default stipulation.

(3.) On the complaint of Angad Babu (PW-1), Constable 571 Kunwar Pal Singh (PW-7) registered FIR of Case Crime No. 1219 of 2009, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Kotwali, district Farrukhabad, on 05.07.2009 at 10.00 hours, against Brijesh, the husband of Soni (the deceased). It has been stated in the FIR that Soni was married to Brijesh five year ago. At the time of marriage, the first informant had spent about Rs. 80000/-. Brijesh, the husband of Soni was demanding one motorcycle from her. He used to threaten his daughter that if her father would not give motorcycle then he would not keep her. Brijesh demanded motorcycle from him and his wife also. Brijesh used to assault his daughter. Due to misbehavior of Brijesh, his daughter had come to his house. He made a complaint in this respect to his brother and relations then a Panchayat was arranged, in which his brothers Nirottam Singh, Parmeshwar Dayal, Balbir, Kamlesh and the villagers Man Singh, Vinod Kumar, Sher Singh, Kudri Kheda and others pacified Brijesh and told him to well behave with his wife. Before Panches also Brijesh demanded motorcycle. Panches told him that Angad was not in a position to fulfill his demand. On their persuasion, he took Soni to his house on 28.06.2009. Yesterday at about 20-00 hours, he received information that Soni had died due to hanging. This information was given to him by Raghubir of his village, who told that someone had informed him on phone. Then he along with Balbir, Dinesh, Vinod, Surendra, Ram Autar, Dharm Singh, Deepu, Parmeshwar Dayal and others came to the house of Brijesh at about 21-00 hours, then they found Soni was lying dead. The injuries were on her dead body. The people were talking that there was quarrel between Brijesh and Soni and Brijesh had murdered her. He also believed that Brijesh had killed his daughter.