SANDEEP SINHA Vs. STATE OF U P

JUDGEMENT

(1.) For quashing the judgment and order dated 30.4.2016 passed by Additional Sessions Judge, Fast Track Court No. 2, Moradabad in S.T. No. 191 of 2014 convicting the appellant for two years rigorous imprisonment coupled with a fine of Rs. 5000/- under Section 498A I.P.C. and eight years rigorous imprisonment coupled with a fine of Rs. 10,000/-under Section 306 I.P.C. Police Station Civil Lines, District Moradabad the present criminal appeal has been preferred.

(2.) Brief facts of the case are that on 18.10.2013 complainant Vijay Kumar Saxena handed over a written complaint to in-charge Thana Civil Lines, Moradabad with the averments therein that on 26.11.2007 the marriage of his sister Deepa @ Bhawana was performed with accused Sandeep Sinha of Moradabad. Sometimes after the marriage, the in-laws of Deepa including Smt. Shashi Sinha-mother-in-law and Anand Hari Sinha, Father-in-law started demanding dowry from her and on her failure to provide it she was subjected to cruelty all the while. On 13.10.2013 at about 5.30 PM Sandeep Sinha informed the complainant on telephone that Deepa (hereinafter referred to as 'the deceased') has fallen down from the stairs and received injuries thereof. The complainant was further requested to reach there at once. On receiving the said information, the complainant requested his mother to reach there immediately alongwith Ajay (brother of the Deepa). When the accused were inquired as to where they have admitted injured Deepa, they did not reply properly. When the complainant reached the house of the accused at about 11.00 PM he found Deepa dead. An injury was also seen on her neck, therefore, on the suspicion of her murder information to police was immediately given by the complainant.

(3.) In the light of the complaint so given, the FIR in the instant case was lodged and investigation started thereafter. Formalities with regard to the inquest memo and the postmortem were observed. Inquest memo was prepared on 14th October, 2013 and the postmortem was also conducted on the same day at 2.10 PM. After collecting the evidence, the Investigating Officer reached on the conclusion that accused Sandeep Sinha, Anand Hari Sinha, Rajiv Sinha, Smt. Shashi Sinha and Smt. Rakhi Sinha are guilty of the offence under Sections 498A, 304-B I.P.C. and ' D.P. Act therefore, charge-sheets were submitted against them.