ATUL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 21.03.2017 passed by Additional Sessions Judge / Fast Track Court, Hardoi in Sessions Trial No.148 of 2012, State versus Atul Singh and others, whereby the learned Additional Sessions Judge has convicted the appellant-accused under Sections 498-A, 304-B IPC and Section 4 of Dowry Prohibition Act and sentenced him to undergo 3 years' imprisonment with fine of Rs.5,000/- under section 498-A I.P.C. and in default of payment of fine he was sentenced to undergo two months' additional imprisonment, 7 years rigorous' imprisonment under Section 304-B and 2 years' rigorous imprisonment with fine of Rs.2000/ under Section 4 of Dowry Prohibition Act. In default of payment of fine he shall undergo one month's additional imprisonment. All sentences were directed to run concurrently.

(2.) Narrated concisely, prosecution case is that the complainant Mahesh Singh filed written report stating therein that he married his daughter Roobi Singh @ Chandrakanti Singh four years before with the appellant as per his own capacity and status, but in-laws of his daughter were not satisfied with the dowry and continuously demanded a motorcycle and a chain. On 30.10.2011 the appellant and his parents burnt his daughter alive, which information was given by his sister Radha Devi, he rushed to her in-laws house where he found his daughter dead.

(3.) The FIR was registered against the appellant on 1.11.2011 at Case Crime No.455 of 2011, under Sections 498-A and 304-B IPC and Section 3/4 of Dowry Prohibition Act. The dead body of the deceased was sent for postmortem where it was conducted by Dr. Masood Alam - P.W.-4, Ext. Ka-2 is the postmortem report in which antimortem injuries are as follows:- Superficial to deep burn, both chest, abdomen, back of chest, right and left upper and lower extremest burnt.