KAILASH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 23.2.2011 passed by Additional Session Judge, Court No. 3, Bareilly in S.T. No. 691 of 2004 convicting and sentencing the appellants under Sec. 302/34 I.P.C. for imprisonment of life with a fine of Rs. 20,000.00 each and in default of payment of fine, the appellants shall further undergo six months additional imprisonment.

(2.) The prosecution case as narrated in the F.I.R. is that one Ramesh Chandra Balmiki (hereinafter referred to as 'the informant') married his daughter Suman 5-6 years ago prior to the present incident according to Hindu rites and tradition with appellant no. 1 Kailash. In the marriage, the informant according to his capability has given sufficient dowry but his son-in-law Kailash, his father Roshan Lal, brother Surjeet and mother Sonwati used to demand a motorcycle, colour TV and Rs. 50,000.00 in cash from him. The daughter of the informant several times informed the informant and his wife that her in-laws used to demand the aforesaid articles and cash for which they have also indulge in marpeet with her. Three months prior to the present incident, a Panchayat was held in Faridpur in the same it was decided that the in-laws of the daughter of informant would not indulge in marpeet and one opportunity may be given to them on the basis of said compromise, the informant sent his daughter Suman with the appellants Kailash and his father Roshan Lal. From the wedlock of the deceased and Kailash two daughters aged about 3 years and 7 months were born. It has been further stated in the F.I.R. that on last Monday when the son of the informant, namely, Ajay went to meet his daughter for enquiring about her welfare, she told him that her in-laws had assaulted her and also informed him about their grievance.

(3.) The informant stated that today one of his relative, namely, Ram Autar informed him on phone that his daughter and her two minor daughters have been burnt to death by her in-laws by pouring kerosene oil. On the said information he along with his wife Smt. Manju, sons and other went to Bareilly and saw that his daughter Suman was speaking and her two minor daughters were unconscious. Suman told him that her husband Kailash, father-in-law Roshan Lal, mother-in-law Sonwati and brother-in-law Surjeet had burnt her and her two daughters, namely Diksha and Gudiya by pouring kerosene oil on her and set them ablaze due to which Diksha and Gudiya have become unconscious and she received serious burn injuries.