SHAILENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 13.01.2017 passed by Additional Sessions Judge, Court No.2, Hardoi in Sessions Trial No.419 of 2011, Case Crime No.873 of 2010, State Vs. Shailendra, whereby the learned Additional Sessions Judge has convicted the accused-appellant under Sections 498-A and 304-B Penal Code and sentenced him to undergo 2 years rigorous imprisonment with fine of Rs. 1000.00, in default, to undergo one month additional simple imprisonment under Sec. 498-A Penal Code and 10 years rigorous imprisonment under Sec. 304-B IPC. All sentences were directed to run concurrently.

(2.) Briefly stated, the prosecution case is that the sister of the complainant got married with the appellant two years before the incident, and the marriage was solemnized as per his capacity including eighty thousand rupees in dowry. The appellant demanded a buffalo during the marriage which was assured to be given later on, but the same could not be fulfilled, as such he tortured his sister. Later on when he could not full-fill the demand of a buffalo, the appellant demanded Rs. 2,000.00 which also could not be done, due to which on 1.8.2010 around 7.00 PM in the evening the appellant killed her sister by administering some poisonous substance to her.

(3.) The first information report was lodged on the basis of an application under Sec. 156(3) Crimial P.C., 1973 moved by the complainant at Case Crime No.873 of 2010, under Sections 498-A, 304-B Penal Code and Sec. 3/4 of Dowry Prohibition Act. The dead body of the deceased was sent for postmortem where it was conducted by Dr. Surjit Singh - P.W.-4. Ext. Ka-8 is the postmortem report in which no apparent injury was found on the dead body of the deceased. '