OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 18.01.2001 passed by learned VIIth Additional Sessions Judge, Barabanki in Sessions Trial No. 453 of 1992, arising out of Case Crime No. 68 of 1992, under Sections 498A, 304B IPC, Police Station Bado Sarai, District Barabanki, whereby the trial court has convicted the appellants-accused namely, Om Prakash, Ram Kumar, Smt. Jalawati @ Jalwanti and Kiran @ Gudiya and sentenced them under Sec. 498A I.P.C. for one year's rigorous imprisonment with fine of Rs. 5,000.00, in default, they shall undergo two months additional imprisonment and under Sec. 304B Penal Code for seven years' rigorous imprisonment.

(2.) The appellant no.2 Ram Kumar died in the year 2001 as per report of the Chief Judicial Magistrate, Barabanki dated 30.04.2011, as such the appeal stands abated against the appellant no.2 Ram Kumar vide order dated 03.05.2011. Now this Court proceeds with the appeal of appellant nos.1-Om Prakash, 3-Smt. Jalawati @ Jalwanti and 4-Kiran @ Gudiya only.

(3.) In brief, the prosecution case is that the complainant Nanhe lodged a written report on 07.08.1992 around 07.30 P.M. stating therein that he solemnized the marriage of his daughter Sankata Devi with appellant no.1 Om Prakash in 'Vaishya Sammelan' in the month of June 1991, wherein no dowry was either settled. After sometime when his daughter visited his house then she narrated the torture of her in-laws which included her husband, father-in-law, mother-in-law and sister-in-law in connection with dowry. In the month of April, Ram Kumar, father-in-law, took his daughter away to his own house and at that time the complainant gave him Rs. 10,000.00 and assured him to give demanded articles later on. His daughter wrote a letter to him stating the torture of her in-laws but he could not visit her house. On 06.08.1992, he was informed by his nephew Shitala Prasad @ Pappu and Shyam Lal that his daughter Sankata Devi has been burnt by her in-laws. On which information, he along with other family members and neighbour rushed to Sadar Hospital, Barabanki, where he found his daughter dead and none of her in-laws were present there. On the aforesaid premise, first information report was lodged at Case Crime No. 62/1992 under Sections 498A, 304B Penal Code against the accused persons.