RAHUL AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Neeraj Pandey and Sri Raj Kumar Sharma, learned counsel for the appellants and Sri J. K. Upadhyay, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred by the appellants, Rahul and Komal Singh against the judgement and order dated 31.01.2011 passed by Additional Sessions Judge/Fast Track Court No. 4, Firozabad in S.T. No. 108/2008, State Vs. Rahul and another, arising out of Case Crime No. 421/2007, convicting the appellants and sentencing them to two years rigorous imprisonment and fine of Rs. 1,000/- and in case of default in payment of fine, six months additional rigorous imprisonment u/s 498-A I.P.C., imprisonment for life u/s 304-B I.P.C., five years rigorous imprisonment and a fine of Rs. 15,000/- u/s 3 of Dowry Prohibition Act, one year rigorous imprisonment and a fine of Rs. 1,000/- u/s 4 of Dowry Prohibition Act and in case of default in payment of fine, six months additional imprisonment. All the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that P.W.1 informant Bhola Singh gave a written complaint at P.S.- Sirsaganj, Sub-district- Shikohabad, District- Firozabad on 01.09.2007 at about 18.15 hours stating therein that marriage of his grand-daughter Smt. Sarita was solemnized according to Hindu rites and rituals with Rahul Kumar (A1), son of Komal Singh (A2) about three years before. After the marriage, his grand-daughter's husband Rahul (A1), father-in-law Komal singh (A2) and sister-in-law Kumari Julie started demanding a motorcycle as additional dowry and torturing and maltreating her in connection with non-fulfillment of aforesaid demand of additional dowry on account of which she had returned to her paternal home and had been living there for about one year. About two months before the occurrence, deceased's husband Rahul (A1) and father-in-law Komal Singh (A2) on their assurance that they would not torture or harass Smt. Sarita, took her to her matrimonial home with them but they continued to torture her on receiving information whereof, P.W.1 informant Bhola Singh came to village- Singmai on 16.08.2007 along with his son-in-law P.W.2 Veerbhan Singh, resident of Singmai and met his grand-daughter Smt. Sarita who told him that the appellants were demanding a motorcycle and for the reason of non-fulfillment of the aforesaid demand, the appellants and her sister-in-law Kumari Julie were torturing her. They tried to remonstrate with the appellants and on the promise that he would come again on 17.08.2007 and take away his grand-daughter Smt. Sarita with him, he left the matrimonial home of the deceased with his son-in-law P.W.2 Veerbhan Singh. On 17.08.2007 at about 4.30 a.m., he heard that the appellants and deceased's sister-in-law Kumari Julie had attempted to burn Smt. Sarita to death on which he along with his son-in-law Virbhan Singh, daughter Smt. Munni Devi and other villagers rushed to the house of Smt. Sarita where they saw Smt. Sarita lying in her house severely burnt and wriggling with pain. No one was present in the house. Smt. Sarita told that her husband Rahul (A1), father-in-law Komal Singh (A2) and sister-in-law Kumari Julie had sprinkled kerosene oil on her and set her ablaze due to non-fulfillment of their demand of motorcycle. He got his grand-daughter Smt. Sarita admitted to S.N. Hospital, Firozabad and then went to the police station to lodge the report.