ARVIND Vs. STATE

JUDGEMENT

(1.) Heard Mrs. Swati Agrawal, learned Amicus Curiae for the appellant as well as Mr.B.A.Khan, learned Additional Government Advocate for the State.

(2.) This Criminal Jail appeal arises out of judgment and order dated 4 August 2003, passed by the Additional Sessions Judge, Hamirpur in Sessions Trial No.25 of 2002:State versus Arvind son of Harsahay, whereby the appellant has been convicted under Section 498-A and 304-B IPC as well as under Section ¾ of the Dowry Prohibition Act. The appellant has been sentenced to six months Rigorous Imprisonment for commission of offence under Section ¾ of the Dowry Prohibition Act, two years Rigorous Imprisonment for commission of offence under Section 498-A IPC and the imprisonment for life for commission of offence under Section 304-B IPC. All the sentences are directed to run concurrently.

(3.) The case of prosecution as was set up before the Trial Court is that the informant Ayodhya Prasad son of Shri Ram Sanehi, resident of village Karui Bujurg, Police Station Dakore, district Jalaun lodged the First Information Report in Police Station Kotwali Rath, district Hamirpur to the effect that his daughter Akhilesh was married with Arvind resident of Kurra, Police Station Rath, district Hamirpur on 24.6.1994. As per Hindu rituals the marriage was performed and he had donated sufficient means. However, immediately after marriage the husband of his daughter threatened to her life and had made regular demand of dowry by assaulting her. The demand of the dowry reached the informant through his daughter. Once he had satisfied the demand of Rs.5,000/- by giving it in cash, but the husband of his daughter had kept on raising the demand of dowry continuously. When on 28.5.2001 the informant had gone to bring her to his home, her husband Arvind brutally assaulted her in presence of Suresh Chandra son of Vindavan and Chhote Lal son of Parshuram, who had accompanied him and also threatened to kill her by pouring the poison. He further stated that he shall keep on assaulting her continuously till he receives Rs.15,000/- either she remain alive or dies. The informant had rushed to his house to arrange the money and he turned back to Kurra on 29.5.2001 in the evening by 7 O'clock, but till that time her husband Arvind had killed her by pouring poison. He was informed that the intimation had been sent to the Police Station. On 30.5.2001 at 6.20 A.M. Shri Ranjit Singh Rathore, resident of Kurra, Police Station Rath, district Hamirpur had informed the Police Station that the wife of his brother Arvind (Bhabhi) had eaten some poisonous item, on account of which she died. That information was registered in G.D. No.9 at 6.20 A.M. on 30.5.2001. Another First Information Report was also lodged by Ayodhya Prasad son of Ram Sanehi, resident of Karui Bujurg, Police Station Dakore, district Jalaun on 1.6.2001 at 18.30 hours which was registered in G.D.No.33 at 18.30 hours on 1.6.2001. The Police rushed to the spot and prepared an inquest report in presence of Naib Tehsildar/Magistrate Mr.Aftab Alam Siddiqui. The dead body of Smt.Akhilesh was examined by P.W.1 Dr.R.P.Pandey, Medical Officer, Joint Hospital Rath, district Hamirpur on 30.5.2001 at 4 p.m. He prepared the post mortem report. He also recorded ante mortem injuries found in the body of the deceased as under:-