PAWAN KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant appeal has been filed by appellant Shri Pawan Kumar Yadav against the judgment and order dated 14.04.2016 passed by learned Additional Sessions Judge, Court No.8, Sultanpur in Sessions Trial No. 364 of 2013 (State vs. Pawan Kumar Yadav) arising out of Case Crime No. 237 of 2013 under Sections 498-A, 304-B in alternative 302 I.P.C and 3/4 Dowry Prohibition Act, Police Station (For brevity P.S.) Sangrampur, District- Sultanpur ( now District- Amethi), whereby learned Additional Sessions Judge hold guilty to appellant-accused under Sections 304-B, 498-I.P.C and 3/4 Dowry Prohibition Act punishing him with ten years rigorous imprisonment, two years rigorous imprisonment with fine Rs.2000/- and one years rigorous imprisonment with fine Rs.1000/- respectively with default clause.

(2.) The factual matrix of the case is that the complainant Shri Babu Lal Yadav married his daughter Smt. Arti with appellant-accused Pawan Kumar Yadav on 15.05.2009. On the day of marriage deceased Smt. Arti was adieu to the marital house, where accused-appellant subjected cruelty to his daughter deceased Smt. Arti and demanded Rs.1 lakh in additional dowry. Whenever deceased Smt. Arti used to come at the house of complainant, she told her plight and the demand of additional dowry by the appellant-accused. On 28.05.2013 complainant was informed at about 09:00 AM that Smt. Arti has died. Upon receiving this information he alongwith two other persons of his village went to the house of appellant-accused situated in village Patau Ka Purwa, P.S.- Sangrampur, District- Amethi where he found dead body of his daughter lying on the floor. The persons who were present there, were talking with each other that the accused-appellant ultimately has murdered his wife Smt. Arti. Upon receiving this information, complainant submitted an application Exhibit Ka-1 on 31.05.2013 in P.S.- Sangrampur. In pursuance of which a formal First Information Report (in short F.I.R) was registered against the appellant-accused.

(3.) Inquest (Exhibit Ka-2) was conducted upon the dead body on 29.05.2013 in the morning about 08:00 AM and the relevant papers for the postmortem of corpus were also prepared which are photo of cadaver, the sample of seal of dead body, police form no.13 and the body was sent for postmortem.