SUKHBIRI AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manoj Kumar Pandey, 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 Session's Judge, Ghaziabad dated 28.04.2014/29.04.2014, in S.T. No. 358 of 2012, State of U.P. Vs. Manoj and others (arising out of Case Crime No. 621 of 2011, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Modi Nagar, district Ghaziabad), sentencing the appellants for seven 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. 10000/- each under Section 4 of Dowry Prohibition Act, 1961.

(3.) On the complaint of Jai Singh son of Munshi Ram, resident of Baraut, district Bagpat (PW-1) (father of the deceased), Constable clerk 434 Sanjay Kumar registered FIR of Case Crime No. 621 of 2011, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Modi Nagar, district Ghaziabad, on 29.08.2011 at 13.00 hours, against Manoj (husband), Smt. Sukhbiri (mother-in-law) and Smt. Seema (nanad), Smt. Kavita (nanad), Smt. Mamta (nanad), Vinod (nanadoi), Sanju (nanadoi) and Kali Ram (maternal uncle of the husband) of Babita @ Bhawna (the deceased). It has been stated in the FIR that his daughter Babita was married to Manoj son of Jaipal, resident of Niwadi road, Mandir wali gali, Modi Nagar about two months ago. After marriage, the accused began to demand Rs. One lakh and one motorcycle. Due to non-fulfillment of demand of dowry they killed his daughter and her dead body was lying at their house. After post-mortem, case of murder be registered against the accused.