MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pawan Singh Pundir, for the accused-appellants and Sri Dharmendra Singhal, Senior Advocate, assisted by Sri Ankit Agrawal, for the informant and Sri Preetam Lal Patel, Brief Holder, for State of U.P.

(2.) Manoj and Satveer and Mithilesh have filed Criminal Appeal No. 109 of 2014 and Criminal Appeal No. 128 of 2014, respectively, from their conviction and sentence passed by Additional Session's Judge, Court No. 3, Meerut dated 19.12.2013/20.12.2013, in S.T. No. 662 of 2009, State of U.P. v. Manoj and another, S.T. No. 504 of 2010, State of U.P. v. Mithilesh [arising out of Case Crime No. 147 of 2009, under Section 498-A, 304-B, 302, 306 of Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3/4 Dowry Prohibition Act, 1961, P.S. Sardhana, district Meerut, convicting and sentencing Manoj for imprisonment for life under Section 304-B I.P.C., three years rigorous imprisonment and fine of Rs. 5000/- under Section 498-A I.P.C. and two years rigorous imprisonment and fine of Rs. 2000/- under Section 3/4 Dowry Prohibition Act, 1961, with default stipulation. Convicting and sentencing Satveer and Mithilesh for three years rigorous imprisonment and fine of Rs. 5000/- under Section 498-A I.P.C. and two years rigorous imprisonment and fine of Rs. 2000/- under Section 3/4 Dowry Prohibition Act, 1961, with default stipulation. It may be mentioned that Ramesh Singh (the informant) filed Criminal Appeal under Section 372 Cr.P.C. No. 127 of 2014, from aforementioned judgment passed in S.T. No. 662 of 2009, S.T. No. 504 of 2010 and S.T. No. 733 of 2010, State v. Km. Mamta and another, acquitting Satveer and Mithilesh under Section 304-B I.P.C. and Km. Mamta and Km. Rekha, daughters of Satveer, from all the charges. This appeal has been dismissed vide judgment dated 03.02.2016 of this Court, at the admission stage.

(3.) On the written complaint (Ex-Ka-1) of Ramesh Singh (PW-1), FIR (Ex-Ka-9) of Case Crime No. 147 of 2009, under Section 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, 1961 was registered on 22.03.2009 at 13:05 hours, at police station Sardhana, district Meerut, by Head Constable Karan Pal Singh (PW-5) against Manoj, Satveer, Mithilesh, Km. Mamta and Km. Rekha. It has been stated in the FIR that Renu @ Bindu, the daughter of the informant, was married to Manoj son of Satveer Singh, resident of village Kapsad, PS Sardhana, district Meerut, 9 months ago. After the marriage, Manoj and his family were continuously demanding additional dowry and assaulting and torturing her for dowry. Four days prior to 22.03.2009, Satveer Singh and Manoj brought her to their house, after vidai, from village Shamli, PS Pilkhuwa. They again demanded dowry from him. A day before 22.3.20019, the informant came to know that the accused attempted to commit murder of his daughter, by burning her, pouring kerosene oil and at present, Renu was admitted in Anand Hospital, Meerut. The informant anyhow reached the hospital in the night and found that Renu was badly burnt and in serious condition. On talking with Renu, she informed that she was forcibly burnt by her husband Manoj, father-in-law Satveer, mother-in-law Mithilesh and sister-in-laws Rekha and Mamta, by pouring kerosene oil upon her. Due to the burn injuries, Renu died on 22.03.2006 at 8:00 AM, in Anand Hospital Meerut. Prayer has been made for lodging FIR and taking legal action.