PRADEEP YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The Judgment and order dated 14.12.2016 passed by Special Judge, E.C. Act, Allahabad in S.T. No. 521 of 2010 arising out of case crime No.359 of 2009 convicting the appellant for ten years rigorous imprisonment under Section 304-B I.P.C., three years rigorous imprisonment coupled with a fine of Rs. 10,000/- under Section 498-A I.P.C. and one year rigorous imprisonment along with a fine of Rs. 5000/- under Section 4 D.P. Act is under challenge in the instant criminal appeal.

(2.) The prosecution story in nut-shell is that on 16.6.2009, complainant Sunil Kumar Yadav handed over a written report to the in-charge police station Anpara, district Sonbhadra with the averments therein that the marriage of his younger sister Nishi was performed with Pradeep Yadav on 17th February, 2009 as per Hindu customs. The in-laws of Nishi (hereinafter referred to as 'deceased') were not satisfied with the dowry provided in the marriage. Her mother-in-law, Meenakshi, father-in-law Salikram, husband Pradeep Yadav, Jeth Deep Yadav and Jethani (wife of Deep) were pressurizing her and members of her natal family to provide them a car and Rs. 50,000/- as additional dowry. They also threaten Nishi that in case, the said demand is not fulfilled, she would be done to death. On 14th June, 2009, the deceased was taken to Anpara on the pretext of pleasure trip whereat she was killed by husband Pradeep Yadav by administering her some poisonous substance. An information with regard to death of the deceased was communicated to her natal family members on 17.6.2009 upon which, the complainant and other members reached at Anpara.

(3.) On the basis of above said complaint, report was lodged against the appellant on 18.6.2009 at 30 PM. The formalities regarding the inquest memo were observed on 17.6.2009 while autopsy on her body was performed on 18.6.2009 at 12.00 noon. The doctor could not ascertain the cause of her death, therefore, her viscera was transmitted to the forensic lab for opinion wherein Aluminium Phosphide poison was found. Matter was investigated. Investigating Officer was provided an undated letter on 7.2009 addressed to the Station Officer, Police Station Allapur, Allahabad alleged to have been written by the deceased during the investigation from the side of the prosecution. The Investigating Officer after collecting all the evidence reached on the conclusion that the present matter falls under the category of dowry death and only husband can be held guilty for it, therefore, he submitted a charge-sheet against the appellant Pradeep Yadav. Charge was framed against the appellant under Section 498-A, 304-B I.P.C. in alternative Section 302 I.P.C. and Section 4 D.P. Act which he denied and claimed trial.