BIRBAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yogesh Srivastava, learned counsel for the appellant and Mrs. Manju Thakur, learned A. G. A.-I appearing for the State.

(2.) This criminal appeal has been filed by the appellant Birbal against the judgement and order dated 26.2.2011 passed by the Additional Sessions Judge, Court No. 6, Deoria in S. T. No. 08 of 2009; State Versus Birbal and another, arising out of Case Crime No. 360 of 2008, under Sections-498-A and 304-B I. P. C. and Sections-3 / 4 of D. P. Act, P. S.-Khampar, district-Deoria by which the appellant has been convicted under Sections-498A, 304-B IPC and Section-4 of D. P. Act and sentenced to undergo three years' R. I. coupled with fine of Rs. 5000/- for offence under Section-498A I. P. C., rigorous imprisonment for life for offence under Section- 304-B I. P. C. and two years' R. I. coupled with fine of Rs. 5000/- for offence under Section-4 of D. P. Act along with default clauses. All the sentences were directed to run concurrently.

(3.) Briefly stated, the facts of the case are that one Renu, daughter of Suresh Bhagat and niece of Bhojraj Bhagat was married to the appellant Birbal about one year before the occurrence, in which adequate dowry was given to him at the time of the marriage. However, within one year of her marriage, appellant Birbal, husband of Renu, his brothers Awadhesh and