RITESH KUMAR RAJBHAR Vs. STATE

JUDGEMENT

(1.) The judgment and order dated 5.11.2014 passed by Additional Session Judge (E.C.), Ballia in S.T. No. 380 of 2010 arising out of Case Crime No. 234 of 2010 convicting the appellant Ritesh Kumar Rajbhar under Section 304B, 498-A I.P.C. and Section 4 D.P. Act is under challenge in the present criminal appeal.

(2.) The brief facts of the case are that the complainant Kapoor Chand Rajbhar handed over a written report to the in-charge Thana Bhimpura, District - Ballia with the averments therein that the marriage of his daughter Pushpa was solemnized with Ritesh Kumar Rajbhar s/o Fauji Rajbhar on 19.6.2010 as per hindu customs, whatever the dowry demanded from the side of the accused, was provided to them as per capacity of the complainant but despite that they were demanding Sikdi and a golden ring as additional dowry. The complainant assured them to provide it in the Gauna but even then the accused persons did not stop harassing Pushpa. On 5/6.8.2010 at about 5.00 AM Pushpa was murdered by Ritesh and his father- Fauji by inflicting her knife injuries. On the hue and cry raised during the incident, neighbors Anrika and his son Nand Lal reached on the spot and tried to rescue Pushpa but they were also inflicted knife injuries by the accused persons.

(3.) On the basis of the said complaint, FIR was lodged against the accused persons under Sections 323, 498-A, 304-B I.P.C. and 3/4 D.P. Act. Investigating came into motion and formalities with regard to the inquest memo and postmortem were observed on 7th August, 2010. After collecting the entire evidence, the Investigating Officer reached on the conclusion that accused-Ritesh Rajbhar and his father Fauji Rajbhar were guilty of the offence under Sections 498-A, 304-B, 323, 307 I.P.C. and ' D.P. Act, therefore, he submitted the charge-sheet against both the accused. Charges under Sections 498-A, 304-B I.P.C. and in alternative 302 I.P.C., 307/34 I.P.C. and ' D.P. Act were framed against both the accused persons which they denied and claimed trial.