UMESH CHANDRA NIGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 19.10.2002 passed by Sri Ashok Kumar Awasthi, learned Additional Sessions Judge, XV, Lucknow by means of which he acquitted the appellant under Section 306 I.P.C. but convicted him under Section 498-A I.P.C. and sentenced to go rigorous imprisonment for three years and to pay an amount of Rs.10, 000/-, in default six months' additional imprisonment.

(2.) BRIEFLY stated the facts of the case are that the appellant was married with the deceased Jyotsana on 28.02.1994. She committed suicide on 13.11.1996 around 4.00 p.m. in her matrimonial house. On receiving information the brother of the deceased lodged the first information report under Sections 498-A and 304-B I.P.C. During investigation no evidence regarding alleged demand of dowry was found and therefore the charge-sheet was submitted only under Section 306 I.P.C. and under same section the charge was also framed against the appellant and three other accused who happen to be his two unmarried sister-in-laws and one brother.

(3.) THE learned lower court reached to the conclusion that there is no sufficient evidence to convict any of the accused under Section 306 I.P.C. Therefore he acquitted all the accused under Section 306 I.P.C. But on the basis of one letter i.e. Exhibit Ka-2 the learned lower court convicted the appellant under Section 498-A I.P.C. But at the same time he acquitted all the three other accused under Section 498-A I.P.C., giving them benefit of doubt. Feeling aggrieved by above judgment and order this appeal has been filed.