PRAMOD KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 17.02.1988 passed by Ist Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 501 of 1985, under Sections 302, 498-A read with Section 34 IPC, Police Station Chakeri, District Kanpur arising out of Case Crime No. 485 of 1985, by which the three accused persons were acquitted of the charges under Section 302 IPC and held guilty and convicted for the offences under Section 498-A/34 IPC and 304-B/34 IPC and sentenced with three years rigorous imprisonment under Section 498-A/34 IPC and with seven years' rigorous imprisonment under Section 304-B/34 IPC.

(2.) Feeling aggrieved, all the three convicts preferred this appeal.

(3.) The brief facts relating to the appeal are that Vinod Shankar Sharma, lodged a FIR at Police Station Chakeri District Kanpur at 00:30 p.m. on 10.05.1985 at Case Crime No. 485 of 1985 under Sections 498-A and 302 IPC against the appellants stating that "the complainant made marriage of his daughter Veena Sharma with Pramod Sharma, resident of 199-D/14 Bengali Colony, Harjinder Nagar, Police Station Chakeri, Kanpur, on 21.02.1985; that in marriage his son-in-law and samdhi had demanded 'Bajaj Super Scooter' and bride's jewellery; that he gave 'Vijai Super Scooter' instead of 'Bajaj Super Scooter' in marriage which caused annoyance to them; that Smt. Shakuntala Devi mother-in-law, Madan Mohan Lal Sharma father-in-law and Pramod Sharma son-in-law, husband, treated his daughter with cruelty for not bringing heavy jewellery and Bajaj Super Scooter in dowry; that sometime back when his daughter had come to his home on "Vida", she made complaints with his wife and other members of the family about the cruel treatment she met at the hands of her in-laws; that on 06.08.1985 birth day of Pramod Sharma was celebrated at their home which was attended by him alongwith his wife, brother Pramod Shankar and one friend Nawal Behari Agrawal resident of Shanti Nagar, Police Station Rail Bazar, Kanpur; that on birthday of Promod Sharma also mother-in-law, son-in-law and father-in-law all expressed their displeasure before everybody present there by saying that complainant was not keeping his words about dowry and in case the demand of dowry is not met and fulfilled within two days, they will not spare his daughter alive; that his daughter, also informed him that all these three persons were planning to kill her; that the complainant assured his son-in-law, Samdhi and Samdhan that he will try to fulfill their demands but he failed to fulfill within two days; that today on 09.08.1985 at 8:30 p.m. in night his son-in-law came to his house and informed that the condition of Veena is very serious and she has been taken to hospital by members of his family; that the complainant accompanied his son-in-law to Urshala hospital and on reaching Ursula Hospital Emergency Ward he found Veena lying dead and her nails and lips had turned blue as the accused had caused her death by administering poison.