CHANDRA PRAKASH RATHAUR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 11.07.2012 passed by Additional Sessions Judge/Temporary Ex-Cadre Court No.1, Jalaun at Orai in S.T. No.122 of 2011 arising out of Case Crime No.37 of 2011, under Sections 498A, 304-B, 302, 201 I.P.C. and ¾ D.P. Act, Police Station Konch, District Jalaun, by which the appellant was convicted and sentenced to two years R.I. and fine of Rs.5000/- under Section 498-A I.P.C.; further ten years R.I. under Section 304-B; further one year R.I. and fine of Rs.2000/- under Section 201 I.P.C.; further two years R.I. and fine of Rs.5000/- under Section 4 of D.P. Act. In default of payment of fine to further two months under Section 498-A I.P.C., 15 days under Section 201 I.P.C.; two months R.I. under Section 4 of D.P. Act. All the sentences were ordered to run concurrently.

(2.) Prosecution story, in brief, is that sister of the complainant Raj Kumari was married to accused appellant Chandra Prakash Rathaur five years prior to the incident at Rahkola Devi Temple, Daboah which was solemnized by Adarsh Vivah Samiti. After one year of her marriage, her husband and in-laws including father-in-law, mother-in-law, jeth and jethani illegally demanded Rs.2 lacs as dowry and started harassing and torturing his sister which was settled by intervention of Panch but it was in vein. On 9.1.2011 at about 8 p.m. night complainant was informed by the local police that his sister was burnt to death. Complainant and his relatives reached to the resident of his sister where he was informed that his sister was done to death by strangulation and the dead body was kept on the roof. The accused persons wanted to destroy the body of deceased. The case was registered against the accused persons including the accused appellant. It also transpires that after lodging of the FIR accused Thakur Das (father-in-law) on the same day gave an application to the police station that she (deceased) committed suicide by burning herself. After investigation charge sheet was filed against the accused persons under Sections 498A, 304-B, 201 I.P.C. and ¾ D.P. Act. In the alternative charge under Section 302 I.P.C. was framed.

(3.) The prosecution in support of its case examined as many as ten witnesses in which P.W.1 Lakhan Singh - complainant and brother of deceased Raj Kumari, P.W.2 Kashi Prasad - father of deceased, P.W.3 Waheed - witness of post mortem, P.W.4 Kadhore - witness of post mortem, P.W.5 Motilal - witness of fard taken from the element of mobil oil and pieces of roof, P.W.6 Dr. Avnesh Kumar, who conducted post mortem examination, P.W.7 Dhananand, who is also a witness of fard taken from oil and physical materials, P.W.8 Arun Kumar Dixit - Investigating Officer, P.W.9 Constable Ramkrishna, who proved the chik FIR and relevant G.D. and P.W.10 Veer Singh Yadav - Naib Tehsildar who is a witness of inquest.