KUL BHUSHAN Vs. STATE

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by accused-appellant Kulbhushan against judgment and order dated 12.5.1988 passed by IIIrd Additional Sessions Judge, Budaun in Session Trial No. 321 of 1984 (State of U.P. Vs. Smt. Shanti Devi and Others) under Section 302/34 I.P.C. and Section 4 of Dowry Prohibition Act, Police Station Alapur, District Budaun convicting and sentencing accused appellant Kulbhushan under Section 302 IPC for life imprisonment and under Section 4 of Dowry Prohibition Act rigorous imprisonment for one year. Rest of accused charge sheeted in the matter who were also facing trial have been acquitted and there is no Government Appeal against their acquittal.

(2.) Prosecution story in nutshell, as unfolded in written report Ext. Ka-2, is as follows:

(3.) P.W.-2, informant, Lal Bahadur, moved a written report (Ext. Ka-2) before Superintendent of Police, Budaun mentioning therein that deceased Smt. Sarla Devi, daughter of informant was married to accused Kulbhushan about 1-1/4 years ago. Accused appellant Kulbhushan used to ask deceased to bring Rs. 5,000/- cash and a Motor Cycle for him which she refused to do as financial condition of informant did not permit to fulfill the demand raised by accused appellant. Deceased was beaten by accused persons and was also tortured. Smt. Sarla Devi, deceased, had received minor injuries and came to informant's house about a month ago before her death and narrated about the atrocities committed on her by her in-laws and also informed about the demands being made by her in-laws. It is also mentioned that after a month accused appellant along with his uncle came to the house of informant to take Smt. Sarla Devi back. On being intervened by people of the village informant sent his daughter with accused Kulbhushan on assurance of accused appellant that he will not torture Smt. Sarla Devi, deceased in future. It is also mentioned that when informant had gone to take her daughter back on "Chhatthi" then she informed him entire facts. On 8.8.1983 informant's daughter Smt. Sarla Devi was burnt by accused persons. When first informant reached his village in the evening from Kachala, he received information about incident then in the morning he came to District Hospital, Budaun and found Smt. Sarla Devi, his daughter, dead. Thus prayer was made to take action against the accused persons. Endorsement was made by Circle Officer concerned Budaun on written report (Ext. Ka-2) on 10.8.1983 directing S.O., Alapur to get a case registered under Section 302 IPC and Section 4 Dowry Prohibition Act. This endorsement is proved by the prosecution as Ext. Ka-12.