PUSHPARAJ & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Apul Mishra, for the appellants and A.G.A., for State of U.P.

(2.) This appeal has been filed from the conviction and sentence passed by Additional Session's Judge, Court No. 3, Bareilly dated 11.06.2013, in S.T. No. 108 of 2004, State of U.P. Vs. Pushparaj and S.T. No. 557 of 2007, State of U.P. Vs. Sarojni Devi (arising out of Case Crime No. 339 of 2003, under Section 498-A, 304-B/302 IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Faridpur, district Bareilly), sentencing the appellants for ten years rigorous imprisonment under Section 304-B IPC, two years rigorous imprisonment with fine of Rs. 5000/- each under Section 498-A IPC and one year rigorous imprisonment with fine of Rs. 2000/- each under Section 3/4 of Dowry Prohibition Act, 1961 with default stipulation.

(3.) On the complaint of Bhupendra Singh Rathore (PW-1), Constable clerk Raghubir Yadav (PW-3) registered FIR of Case Crime No. 339 of 2003, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Faridpur, district Bareilly, on 27.06.2003 at 7.20 hours, against Pushparaj, the husband and Smt. Sarojni Devi, mother-in-law of Anuradha (the deceased). It has been stated in the FIR that his sister Anuradha was married to Pushparaj on 06.05.1999. At the time of marriage, he and his parents had given one Hero Honda Spender motorcycle, Rs. 50000/- as cash, other domestic things, ornaments and clothes as the dowry, according to their capacity. But Pushparaj and his mother Smt. Sarojni Devi were demanding one television and one cooler as additional dowry. Due to helplessness, they used to assure them to give these things but in last year his father Ram Ladaite Singh was sent to jail, in a murder case. As such they could not satisfy their demand of television and cooler and refused to satisfy their demand. Thereafter, Pushparaj and his mother Smt. Sarojni Devi began to pressurize and torture Anuradha mentally for obtaining television and cooler. For that purpose, Anuradha alone visited their house in May 2003 and informed him and his mother that due to non-fulfillment of demand of television and cooler, her husband and mother-in-law used to misbehave and assault her. He and his mother assured that as soon as her father will come out from jail, they would fulfill their demand of television and cooler. Then his sister went to her matrimonial house on 27.05.2003. After her going, Pushparaj and his mother Smt. Sarojni Devi did not forbid from their bad habits and on 24th June or in the night of 24/25.06.2003, they have tortured, assaulted and murdered Anuradha at their house at mohalla Baksariya Faridpur. Information of which was given to him and his family members on telephone by some one on 25.06.2003.Then he along with his mother Smt. Ramadevi, father-in-law Ratipal Singh and maternal uncle Shreepal Singh came to the house of Pusparaj at Faridpur, then they found dead body of Anuradha. On her dead body there were mark of injuries. From which it was clear that she was murdered for non-fulfillment of demand of dowry by Pushparaj and his mother Sarojni Devi. The police has sent the dead body to Bareilly for post mortem, from where it was handed over to Pushparaj for cremation.