JAI PRAKASH DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mukhtar Alam along with Sri Shahab Uddin, 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. 3, Mau, dated 04.10.2013, in S.T. No. 157 of 2008, State of U.P. Vs. Jai Prakash Dubey and others (arising out of Case Crime No. 259 of 2008, under Sec. 498-A, 304-B Penal Code and Sec. 3/4 of Dowry Prohibition Act, 1961, P.S. Haldharpur, district Mau), sentencing the appellant for ten years imprisonment under Sec. 304-B Penal Code and three years imprisonment with fine of Rs. 10000.00 under Sec. 498-A IPC, with default stipulation.

(3.) On the complaint of Raj Kumar Dubey (PW-1) (the brother of the deceased), HM Brindavan Mishra (PW-7) registered an FIR of Case Crime No. 259 of 2008, under Sec. 498-A, 304-B Penal Code and Sec. 3/4 of Dowry Prohibition Act, 1961, at P.S. Haldharpur, district Mau on 25.03.2008 at 9.30 hours, against Jai Prakash Dubey (husband), Hansh Nath Dubey (father-in-law) and Smt. Parwati (mother-in-law), Manju (nanad), Reena (nanad), Vandana (nanad) and Prem Pandey (maternal father-in-law) of the deceased Suryakala @ Kanchan. It has been stated in the FIR that his younger sister Suryakala @ Kanchan was married to Jai Prakash Dubey, on 27.06.2004, according to Hindu rites. After some time of marriage, Jai Prakash Dubey (husband), Hansh Nath Dubey (father-in-law) and Smt. Parwati (mother-in-law), Manju (nanad), Reena (nanad), Vandana (nanad) and Prem Pandey (maternal father-in-law) jointly began to demand Rs. 50000.00 cash, motorcycle and colour television as dowry. His sister used to inform him about aforementioned demand on mobile phone as well as on coming to his house time to time and also used to say that the accused were threatening to kill her on non-fulfilment of their demand. Thereafter, they tried to pacify them several times but they had killed his sister. They came to know about this incident on telephone, then came to the house of the accused on 25.03.2008 and found that dead body of Suryakala @ Kanchan was kept in the hut.