SANTOSH ALIAS NEETOO Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Santosh alias Neetoo, Sanjay and Sangam alias Pintu have been convicted for the offences punishable under Sections 452, 323, 504, 506 and 306, I.P.C. and different sentences have been passed against them by the learned trial court (Addl. Sessions Judge, F.T.C. No. 1), Mathura, in S.T. No. 288 of 2000 vide judgment and order dated 23.2.2006 and they have preferred this appeal against the same. THE sentence awarded under Section 306, I.P.C. is 5 years R.I. with fine Rs. 5,000 each, under Section 452, I.P.C., 3 years R.I. with fine Rs. 2,000, under Section 323, R.I. for two months with fine Rs. 500 and in default of payment of fine different imprisonment sentences have been passed. All the sentences have been ordered to run concurrently.

(2.) THE facts giving rise to this case are as under : That the complainant-informant Vinod Kumar Maheshwari was residing in mohalla Manasnagar of Mathura city, which was under the police station Krishna Nagar and the accused-appellants were residing in mohalla East Shantinagar, Mohali Road, Mathura. THE unfortunate day for the complainant-informant was 14.5.1999. THE appellant Santosh alias Neetoo reached the house of complainant informant at 4 p.m. and asked him to marry his daughter Kiran with him, failing which the threats for dire consequences were given including burning of his house. THE complainant-informant did not concede his demand. On the same day at about 6 p.m. all the appellants reached the house of complainant-informant and abused him. THEy also assaulted his son Vishnu by entering his house. When the family members resisted they create ugly scene in the mohalla causing too much insult to the family. Km. Kiran daughter of the complainant-informant was inside the house and aggrieved by this incident she committed suicide by hanging herself. She was rushed to the hospital but died on the way. THE complainant-informant reported the matter to the police vide Ext. Ka-3. THE police registered a case on Crime No. 438 of 1999 against the appellants under Sections 323, 504, 506, 452 and 506, I.P.C. as is evident from check report Ext. Ka-4. THE police sealed the dead body of Km. Kiran and after completing the formalities, sent it for autopsy. THE post-mortem report is Ext Ka-7. THE cause of death was asphyxia as a result of ante-mortem hanging. THE injured Vishnu was examined in District Hospital, Mathura. His injury report is Ext. Ka-6. THE Investigating Officer visited the spot and prepared the site plan Ext. Ka-8, recorded statement of witnesses and submitted charge-sheet against the appellants.

(3.) AFTER hearing the parties and considering the evidence on record, the learned trial court came to the conclusion that the charges against the appellants were proved and convicted them as disclosed earlier, against which this appeal.