DINESH KUMAR @ PANCHAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 21.2.2015 passed by Additional Sessions Judge, Fast Track Court, Court No. 36, Barabanki, in Session Trial No. 370 of 2011, State Vs. Dinesh Kumar alias Pancham, arising out of case crime no. 835 of 2010, under sections 498A,304B IPC and section 3/4 Dowry Prohibition Act, Police Station-Satrikh, District-Barabanki, whereby appellant Dinesh Kumar alias Pancham has been convicted and sentenced for the offence punishable under Sections 498A IPC with an imprisonment of two years' rigorous imprisonment and fine of Rs. 5,000/- , in default of payment of fine three months' additional rigorous imprisonment, under section 304 IPC with an imprisonment of ten years rigorous imprisonment and under section 4 of Dowry Prohibition Act with an imprisonment of one year's rigorous imprisonment and a fine of Rs.2000/-, in default of payment of fine fifteen days' additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) In brief, the prosecution case is that Devisaran had given an application dated 11.12010 at about 15:10. Hrs. (Ext. Ka-3) to the effect that the marriage of his daughter Shanno Devi was solemnized about seven years prior to the alleged incident with appellant Dinesh Kumar alias Pancham. Her gauna thauna had taken place within a year. She was living in her matrimonial house accompanying her father in law and mother in law and husband. A motorcycle was being demanded by the appellant continuously from the complainant. He was not in a position to given the same. On 11.12010 her daughter had been set her ablaze. When complainant got information, he reached the matrimonial house of her daughter. He found her in a burnt condition in a room. On the basis of said application the case was registered. After inquest proceedings the dead body of the deceased was sent for postmortem which was conducted on 112010 at 30 p.m. The duration of the death of deceased was about one day old. According to the postmortem report, the deceased was burnt 100%. Cause of death of deceased was shock as a result of anti mortem burn injury.

(3.) After usual investigation, the police submitted charge-sheet against the appellant under the aforesaid sections 498A,304B IPC and section 3/4 Dowry Prohibition Act.