VIJAY BAHADUR MALL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dtd. 14/3/2014 passed by the Additional District and Sessions Judge, Court No.2, Deoria in S.T. No. 3 of 2012, arising out of Case Crime No.1015 of 2011, Police Station-Kotwali Deoria, District Deoria, whereby the appellant has been convicted and sentenced under Sec. 302 I.P.C. for life imprisonment and further a fine of Rs.1,00,000.00 (One Lac) has been imposed on him and in default of payment of fine, he shall further undergo one year simple imprisonment. It was further ordered by the trial Court that if the fine is deposited by the appellant, Rs.75,000.00 shall be paid to the father of the deceased who is complainant of the case.

(2.) The prosecution case as set up in the FIR which has been lodged by the informant, namely, Man Singh, who is father of the deceased is that; he had married his daughter on 16/2/2009 to Vijay Bahadur Mall (the appellant), son of Ram Karan Mall, resident of village Parsia Mall, Police Station-Kotwali Deoria, District Deoria and Gauna Ceremony was also performed on 1/5/2011. When his daughter had gone to her in-laws house, after ten days thereafter, her in-laws started demanding a motorcycle and Rs.50,000.00 cash in dowry from his daughter and also told that the said dowry was to be paid by her father but he did not give the same at the time of marriage. It was further told by them to her daughter that if the said demand is not fulfilled, she would be ousted from the house.

(3.) On the information given to the informant by his daughter regarding the said demand, he went to meet his daughter at her in-laws house and tried to reconcile the issue with his son-in-law, namely, Vijay Bahadur Mall, Samdhi-Ram Karan Mall, mother-in-law-Malti Devi,Yogendra and Dinesh Mall and their wives and further with sisters of his son-in-law, namely, Manju Devi and Bindu Devi,but inspite of pacifying them that he had already given dowry in the marriage and at the time of marriage he had given Rs.2.00 lacs in cash, utensils, golden chain, ring and at the time of gauna ceremony, fridge, cooler, colour T.V., washing machine, bed, sofa set, almiarh and golden ring and several other articles were also given but they did not pay any heed to his request. Thereafter, he returned to his house. Thereafter, his daughter, namely, Preeti Singh was harassed and cruelly treated by them.