MOHAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Noor Mohammad, 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, Firozabad dated 07.06.2013, in S.T. No. 319 of 2008, State of U.P. Vs. Mohan Kumar and another and S.T. No. 335 of 2009, State of U.P. Vs. Shyam Sundar and another (arising out of Case Crime No. 29 of 2008, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Shikohabad, district Firozabad), sentencing the appellant for ten years rigorous imprisonment under Section 304-B IPC, two years rigorous imprisonment with fine of Rs. 20000/- under Section 498-A IPC and one year rigorous imprisonment with fine of Rs. 5000/- under Section 4 of Dowry Prohibition Act, 1961, with default stipulation.

(3.) On the complaint of Dinesh Kumar Srivastava (PW-1), Constable 230 Amar Singh (PW-4) registered FIR of Case Crime No. 29 of 2008, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Shikohabad, district Firozabad, on 18.01.2008 at 14.00 hours, against Mohan Kumar, the husband, Shyam Bihari, dewar, Shyam Sundar, devar, Smt. Rajrani, mother-in-law and Ramesh Chandra, father-in-law of Neelam Srivastava (the deceased). It has been stated in the FIR that Neelam Srivastava was married to Mohan Kumar, four years ago. At the time of marriage, Parmanand Srivastava, her father had spent more than Rs. 350000/-, in excess of his capacity but husband's side was not satisfied. At that time, elders pacified them. But whenever his sister came to Lalitpur, then she used to tell her father to satisfy their dowry demand otherwise, her husband, devar and mother-in-law and father-in-law would continue to assault her and demand money. Whenever, he or his brothers went to take his sister, then aforesaid persons had demanded money from them. Fifteen days ago his younger brothers Manish and Akhilesh had gone to take his sister with them then her in-laws told them that now they had crossed the limit and first they had to bring Rs. 100000/- then take their sister and if they did not bring the money then their sister would not be safe. Then his brothers came back to their house and informed aforesaid things. In the evening of 16.01.2008, Mohan, Bihari, Sundar, their mother and father murdered his sister and thereafter hanged her. He received this information on phone from some unknown person of Shikohabad. Then he along with brothers came to Shikohabad. When they reached there, the entire family of the accused was absconding.