CHATURANAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravindra Sharma, learned Amicus Curiae appearing on behalf of the appellant and Sri A.R. Chaurasia, learned A.G.A. for the State.

(2.) This Criminal Appeal has been preferred against the judgement and order dated 17.01.2014 passed by Special Judge (E.C. Act) Additional Session Judge, Mainpuri in Session Trial No. 673 of 2008, State Vs. Chaturanan under Section 302 , 304-B and 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Bichhwa, District Mainpuri pertaining to Case Crime No. 308 of 2008 whereby the accused appellant has been convicted under Section 304 B and 498 A I.P.C . and Section D.P. Act and has been awarded life imprisonment under Section 304-B I.P.C. three years R.I. and fine of Rs. 3000/- and in default of payment of fine, three months additional imprisonment under section 498-A I.P.C. and one year S.I. fine of Rs. 2,000/- and in default of payment of fine, two months additional imprisonment under Section 3/4D.P. Act and further directed that all the sentences shall run concurrently.

(3.) In brief, the facts of the case are that brother of the deceased, Avnish (P.W.-1) had married his sister, Smt. Jwala Mukhi in the year 2002 with appellant, Chaturanan S/o Jamwant R/o Karimganj, P.S. Bichhwa, Pargana, Tehsil and District Mainpuri according to Hindu Rites. The appellant (Chaturanan), father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased all had demanded from the deceased a colour T.V. and Hero Honda Motorcycle many times. About six months prior to lodging the written report on 4.06.2008, because of non fulfilment of the said demand of dowry, she was thrown out of her matrimonial home by the accused persons and had been threatened that if she would not bring these articles, she would be killed. These accused, after the deceased having reached her matrimonial home, were continuously harassing her physically and on 03.06.2008 at about 12:00-01.00 p.m., an information was communicated to P.W.1 that his daughter had been strangulated to death by appellant, Chaturanan (husband), Jamwant (father-in-law), wife of jamwant, Karnweer Singh (mother-in-law), son of Jamwant (brother-in-law), Devrani (wife of Karnweer) all residents Mauja Karimganj, P.S. Bichhwa, District Mainpuri.