SANTOSH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellant, Santosh against the judgement and order dated 31.10.2002 whereby the accused/appellant has been convicted and sentenced under Section 498A IPC for a period of 2 years rigorous imprisonment with fine of Rs. 2,000/- and in the event of non payment of fine, additional 6 months rigorous imprisonment. He has also been convicted and sentenced under Section 304B IPC for 10 years rigorous imprisonment with fine of Rs. 5000/- and in default of payment of fine one year additional rigorous imprisonment. It was further directed that both the sentences will run concurrently.

(2.) The prosecution case as imerges from the record is that on 1.11.1998 at 9:00 AM Bauwn, brother of the accused/appellant reached the residence of the complainant/Ramnath, father of the deceased Geeta and informed him that Geeta had died out of burn injuries. On receiving this information, the complainant and other family members reached the residence of the accused/appellant and from looking at the dead body of the deceased, Geeta they believed that husband, brother in law, father in law and two sisters in law of the deceased Geeta assaulted the deceased and set her on fire.

(3.) It was also alleged in the FIR Exhibit ka-1 that the accused/appellant Santosh used to torture the deceased for dowry and the entire family had been demanding dowry. They had been pestering the deceased to bring money from her parents for setting up a business. The parents twice gave the money but their greed increased and they started demanding Rs.50,000/- more whereas at the time of marriage, the parents and relatives gave many articles such as scooter, bed, sofa, utensils, gold and silver jewellery etc., and performed the marriage with fanfare.