JUGENDRA PALI Vs. STATE

JUDGEMENT

(1.) This jail appeal is filed by the appellant Jugendra Pali against the judgment and order dated 1.2.2011 passed by the Additional Sessions Judge / Special Judge (Anti Corruption), Bareilly in ST No. 573 of 2007, State Vs. Jugendra Pali, Crime No. 783 of 2006 under section 498-A, 304-B, 201 IPC, police station Sirauli, district Bareilly.

(2.) By the impugned judgment dated 1.2011, the appellant Jugendra Pali has been convicted under section 498-A, 304 B and 201 IPC and acquitted under section 302 IPC. Accused appellant was sentenced for the life imprisonment under section 304-B, for the rigorous imprisonment of 2 years under section 498-A with fine of Rs. 5000/- and in default of payment of fine, the appellant has been directed to undergo additional imprisonment for 4 months under section 201 IPC. The appellant has been sentenced for the rigorous imprisonment of 2-years with fine of Rs. 3000/- and in default of payment of fine, accused-appellant has been directed to undergo additional imprisonment of 2 months. It has also been provided that all the sentences will run concurrently and the period the appellant-accused already detained in jail in this case shall be adjusted in the sentence.

(3.) The facts giving rise to this appeal are that on 14.11.2006 Ram Singh lodged an FIR at police station Sirauli, district Bareilly with this facts that he is resident of Jalalpur, police station Bisauli, district Budaun. He married his daughter Somwati 5-6 years ago with Jugendra Pali, son of Raj Kumar, R/0 Chandrapura, police station Sirauli, district Bareilly. Just after the marriage, the husband Jugendra Pali started torturing Somwati for the demand of a Motorcycle. Complainant said so many times to Jugendra Pali that he is a poor person and he is not in a position to give a motorcycle. Jugendra Pali continued torturing and beating Somwati for motorcycle and on 2.11.2006, Jugendra Pali murdered Somwati. Till now he was searching for her body. Today he came to know that the dead body of his daughter Somwati is lying in the sugarcane field of Bandhu Ram. So many persons of the village have seen Jugendra Pali taking Somwati to the field of Sugercane. On the basis of this FIR, the case was registered and its entry was made in the General Diary and the matter was investigated by the Investigating Officer and after investigation I.O submitted the charge sheet under section 498-A, 304-B, 201 IPC against accused appellant Jugendra Pali.