AWADHESH AWASTHI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 07.05.2016 passed by learned Additional Sessions Judge/Fast Tract Court, Hardoi, in Sessions Trial No.611 of 2013, Case Crime No.304 of 2013, whereby the Sessions Judge has convicted the appellant-accused namely, Awadhesh Awasthi and sentenced him under Section 498A I.P.C. for three years rigorous imprisonment with a fine of Rs.10,000/-, in default, he shall undergo three months additional simple imprisonment, under Section 304B IPC for eight years rigorous imprisonment and under Section 4 of Dowry Prohibition Act for two years' rigorous imprisonment with a fine of Rs.8,000/-, in default, he shall undergo two months additional simple imprisonment. All the sentences were directed to run concurrently.

(2.) In brief the prosecution case is that the complainant Manoj Kumar moved an application in Police Station Sandila stating therein that he solemnized the marriage of his daughter Shashi with appellant Awadhesh Awasthi on 09.02.2009 as per his capacity and status, but after marriage her in-laws used to torture her in connection with dowry. On 23.05.2013, they killed his daughter and did not inform him. Late in the night about 12.30am his elder son-in-law informed about the death of his daughter. He has convinced that family members of her son-in-laws including him murdered his daughter on the said date. On the aforesaid premise, first information report was lodged at Case Crime No.304 of 2013 under Sections 498A , 304B IPC and 3/4 Dowry Prohibition Act against the accused persons. The dead body of the deceased was sent for postmortem, where it was conducted by Dr. Sharad Vaish PW-3. Exhibit Ka-3 is the postmortem report in which ante mortem injuries are as follows:

(3.) The case was investigated by PW-5 Sukhram Bharati and consequently charge-sheet exhibit Ka-10 was submitted after completion of investigation against Awadhesh Awasthi and Bhagauti Prasad. Later on exhibit Ka-11 supplementary charge-sheet was submitted against Babu @ Dilip and Smt. Rama Devi @ Gulab Kumari under Sections 498A , 304B IPC and 3/4 Dowry Prohibition Act .