UPENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 26.04.2017 passed by Additional Sessions Judge, Court No.10, Unnao in Sessions Trial No.388 of 2016, Case Crime No.235 of 2016, State v. Upendra Singh, whereby the learned Additional Sessions Judge has convicted the accused-appellant under Sections 304-B IPC and 4 of Dowry Prohibition Act and sentenced him to undergo 10 years simple imprisonment with fine of Rs. 10,000/-, in default, to undergo one year additional simple imprisonment and one year simple imprisonment with fine of Rs. 2000/-under section 4 of Dowry Prohibition Act, in default, to undergo one month additional simple imprisonment. All sentences were directed to run concurrently.

(2.) Briefly stated, the prosecution case is that the complainant Sudha Singh married her daughter Soni Singh on 19.4.2012 to appellant Upendra Singh, as per her status and capacity, but the husband, father-in-law and brother-in-law of her daughter were not satisfied with the dowry, and complained of one lakh rupee less in the given dowry at the time of marriage, due to which they used to torture her daughter. On 2.5.2016 in2 laws of her daughter brought her to Unnao and on 4.5.2016 she was done to death after electrocuting her.

(3.) The first information report was registered on the said premise at Case Crime No.235 of 2016, under Sections 498-A, 304-B IPC and Section % of Dowry Prohibition Act. The dead body of the deceased was sent for postmortem where it was conducted by Dr. S.K. Pandey - P.W.-3. Ext. Ka-2 is the postmortem report in which antimortem injuries are as follows:-