VINOD SONKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 01.05.2008 passed by the Additional Sessions Judge/Special Judge, EC Act, Fatehpur in Sessions Trial No.834 of 2006, convicting appellant no.1, Vinod Sonkar under Section 302 of IPC and sentencing him to undergo imprisonment for life and imposing fine of Rs.10,000/-, in default thereof, to undergo 10 months additional simple imprisonment, under Section 498-A of IPC and sentencing to undergo two years rigorous imprisonment and imposing fine of Rs.5000/-, in default thereof, to undergo five months additional simple imprisonment, under Section 3 of Dowry Prohibition Act and sentencing to undergo five years rigorous imprisonment and imposing fine of Rs.15,000/-, in default thereof, to undergo one year and three months additional simple imprisonment, under Section 4 of Dowry Prohibition Act and sentencing to undergo six months rigorous imprisonment and imposing fine of Rs.1000/-, in default thereof, to undergo one month additional simple imprisonment, and further, convicting appellant no.2-Dhunni under Section 498A of IPC and sentencing him to undergo two years rigorous imprisonment and imposing fine of Rs.5000/-, in default thereof, to undergo five months additional simple imprisonment and under Section 4 of Dowry Prohibition Act and sentencing to undergo six months rigorous imprisonment and imposing fine of Rs.1000/-, in default thereof, to undergo one month additional simple imprisonment. All sentences shall run concurrently.

(2.) In the present case, name of the deceased is Suman, wife of accused no.1-Vinod Sonkar. Accused no.2-Dhunni is brother-in-law (Jeth) of the deceased. It is an undisputed fact that both the accused persons were living separately, however, at times, accused no.2 used to visit his brother Vinod Sonkar. Marriage of the deceased and accused no.1 was solemnized on 6.6.1993. On 29.9.2006, at about 11:30 am, deceased suffered 95% burn injury when she was in her house, she was immediately taken to Hospital by accused no.1 where, at 3:15 pm, she expired. On 4.10.2006, FIR Ex. Ka.7 was lodged by (PW-1) Naresh Kumar Sonkar, brother of the deceased against the appellants under Sections 498-A and 302 of IPC and Section 3/4 of Dowry Prohibition Act. Inquest on the dead body of the deceased was conducted, vide Ex.Ka.1 on 30.9.2006 and the body was sent for postmortem which was conducted on the same day, vide Ex.Ka.3 by (PW-3) Dr. B N Srivastava.

(3.) While framing charge, the trial Judge has framed charge against accused no.1-Vinod Sonkar under Sections 498-A, 302 of IPC and 3/4 of Dowry Prohibition Act, alternate charge of Section 306 of IPC was also framed against him. Against accused no.2-Dhunni, charge was framed under Sections 498-A of IPC read with Section 3/4 of Dowry Prohibition Act.