NEERAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 24.01.2018 passed by learned Additional Sessions Judge, Court No.4, Lakhimpur Kheri in Sessions Trial No.565 of 2016, arising out of Case Crime No.628 of 2016, whereby the Sessions Judge has convicted the accused-appellant, Neeraj, and sentenced him under Sec. 498-A I.P.C. for two years simple imprisonment with fine of Rs.5000.00, under Sec. 304-B Penal Code for ten years rigorous imprisonment and under Sec. 4 of Dowry Prohibition Act for one year simple imprisonment with fine of Rs.2000.00 in default, to undergo one month additional simple imprisonment. All the sentences were directed to run concurrently. Appellant Neeraj, has been acquitted of alternative charge under Sec. 302 IPC. If fine amount is deposited, half of the whole amount shall be paid to the victim as compensation.

(2.) In brief, the prosecution case is that the complainant Pradeep lodged a written report stating therein that his sister was married to appellant Neeraj on 28.4.2016 as per Hindu rites and his capacity and status, but her husband and in-laws were not satisfied with the dowry and aways demanded one lakh rupee for opening of a medical shop as additional dowry which could not be fulfilled, due to which they tortured and harassed her and finally strangulated her to death.

(3.) A first information report was lodged on the premise of the written report at Case Crime No.628 of 2016, under Sections 498- A, 304-B Penal Code and 3/4 Dowry Prohibition Act against the accused-appellant. The dead body of the deceased was sent for postmortem, where it was conducted by Dr. Amit Kumar Singh, P.W.-1. Exhibit Ka-1 is the postmortem report in which antemortem injuries are as follows: