VISHWANATH & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against judgment and order dated 20th June, 1994 passed by II Additional Sessions Judge, Hardoi in Sessions Trial No.250 of 1992, State Versus Vishwanath and others, arising out of Crime No. 137 of 1990, Police Station Behta Gokul, District Hardoi whereby accused-appellants have been convicted and sentenced under Section 498-A of Indian Penal Code I.P.C. with rigorous imprisonment of two years, under Section 304-B I.P.C. with rigorous imprisonment of ten years and under Section 4 D.P. Act with rigorous imprisonment of one year.

(2.) Brief facts, revealed from FIR, are that complainant-Ram Manohar married his daughter with accused Vimlesh three years before incident. When his daughter went to her matrimonial house, accused-appellants Vishwanath, her father-in-law, Vimlesh, her husband, and Smt. Shanti Devi, her mother-in-law, stared harassing her for non-fulfillment of dowry. Victim, Smt Kiran Devi, several times made complaint against accused persons about their maltreatment with her. Accused persons paid no heed to request of the complainant for not harassing his daughter as he has already given dowry beyond his capacity. On 25.09.1990, one Shridhar informed the complainant that his daughter was seriously ill. When the complainant accompanied him and reached Village Bijgawan, he found his daughter lying dead. Suspecting that accused persons had killed his daughter, the complainant informed police station Behta Gokul about death of his daughter. On receiving information about death of the deceased, police reached the spot and recovered dead-body from the house of the accused persons and prepared an inquest report. The dead-body of the deceased was subjected to autopsy. As cause of death could not be ascertained, VISCERA was preserved and sent for chemical examination. According to report of Vidhi Vigyan Prayogshala aluminium phosphate poison was found in pieces of VISCERA. The investigation culminated into filing of charge-sheet against the accused persons on which they were summoned by the Court and charges were framed against them. The accused persons denied the charges and claimed to be tried.

(3.) In order to substantiate the charges against the accused persons, the prosecution examined PW-1, Ram Manohar, complainant and father of the deceased, PW-2 Ramesh, PW-3 Uttam Kumar, PW-4 Head Constable Raghupati Singh, PW-5 Constable Jhabbar Lal Pandey, PW-6 Dy. S.P. Babu Ram, investigating officer, PW-7 S.I. Pyarey Lal and PW-8 Dr. Rajendra Shukla.