BUDHIMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 14.07.2016 passed by learned Additional Sessions Judge/Fast Tract Court, Hardoi in Sessions Trial No.833 of 2008, arising out of Case Crime No.305 of 2007, whereby the Sessions Judge has convicted the appellant-accused namely, Budhiman Singh and sentenced him under Section 498A I.P.C. for three years rigorous imprisonment with fine of Rs.10,000/-, in default, to undergo three months additional simple imprisonment, under Section 304B IPC for seven years rigorous imprisonment and under Section 4 of Dowry Prohibition Act for two years' rigorous imprisonment with fine of Rs.5,000/-, in default, to undergo two months additional simple imprisonment. All the sentences were directed to run concurrently.

(2.) In brief, the prosecution case is that the complainant Shiv Pratap Singh moved an application in Police Station Atarauli stating therein that he solemnized the marriage of his sister Anju Devi with appellant Budhiman Singh @ Raju on 09.05.2004 as per his capacity and status, but the family members of the appellant were not satisfied with the dowry and used to harass his sister in connection with insufficient dowry. Whenever, his sister used to visit his house, she always narrated the cruelty and harassment subjected to her by her in-laws. On 01.04.2007 around 08:30 hours, an unknown person informed him through telephone about the illness of his sister, he rushed to her house where he found the dead body of his sister lying in her house. Apparently, it appeared that as if his sister has been done to death by strangulation.

(3.) A first information report was lodged on the premise of said application on 02.04.2007 at Case Crime No.305 of 2007, 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. Ajay Verma, PW- Exhibit Ka-2 is the postmortem report in which ante mortem injuries are as follows: