RAJESH @ TANNE Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 2.07.2016 passed by Additional District & Sessions Judge, Court No.-4, Lakhimpur Kheri in Sessions Trial No.531 of 2013, State versus Rajesh @ Tanne and another, whereby the learned Additional District & Sessions Judge has convicted the appellant-accused Rajesh @ Tanne under Section 498-A for one year's rigorous imprisonment along with fine of Rs.1,000/-, under Section 304-B ten years' rigorous imprisonment and under Section 4 of Dowry Prohibition Act for one year rigorous imprisonment along with fine of Rs.1000/-, in default of fine, the appellant shall further undergo fifteen days simple imprisonment.

(2.) Narrated concisely, prosecution case against the appellant is that the complainant Sri Ram lodged a written complaint on 19th March, 2013 stating therein that he solemnized the marriage of his grand daughter three years before with the accused-appellant as per his capacity and status but after the marriage he used to harass his grand-daughter for extra dowry which he aways demanded in the form of Rs. 20,000/- cash and a motorcycle. On 7th July, 2013, the accused-appellant assaulted her grand-daughter and later on killed her by throttling her to death. According to the postmortem report, the cause of death of deceased was due to asphyxia as a result of anti mortem throttling.

(3.) On this premise, FIR was lodged on 31st July, 2013 at 9.35 O'clok against appellant and others as Case Crime No.493 of 2013, under Sections 498-A, 304-B, 120-B IPC and Section ' of Dowry Prohibition Act.