PUSHKAR KATIYAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri O. P. Singh, learned Senior Advocate, assisted by Sri S. M. Ayaz Ali, learned counsel for the applicant, Sri Babu Lal Ram, learned counsel for the informant and Sri Om Prakash Mishra, learned AGA for the State.

(2.) The brief facts of the case are:

(3.) As per prosecution case - the complainant, Swatantra Katiyar, got an FIR lodged at P.S. Kalyanpur, Kanpur Nagar, on 16.09.2017 21.30 hrs against the accused applicant, Pushkar Katiyar, husband of the deceased Preeti Katiyar, along with the other co-accuseds alleging therein that he got the marriage of his sister, Preeti, solemnized with the accused-applicant, Pushkar Katiyar (Sonu), on 23.11.2016, according to hindu marriage rites and customs. After her Bedai, the in-laws of his sister used to torture his sister by taunting her for bringing insufficient dowry from her parental house and used to demand one Swift Car and Rupees 5 lacs in cash as additional dowry. The husband, Pushkar Katiyar; father-in-law, Anil Katiyar; mother-in-law, Shakuntala Katiyar and younger brother, Nivesh Katiyar (Monu), all tortured his sister. His sister told him about these facts on phone and he consoled her saying that he would talk to them and all the dispute would be settled. But on 16.09.2017, in the morning at about 7-8 a.m., his elder sister talked on phone and informed that due to non-fulfilment of demand of additional dowry, her husband, father-in-law, mother-in-law and Dewar are beating her and she asked her to save her by coming to Kanpur. Before he reached there due to demand of additional dowry, his sister was murdered by the aforesaid persons. In the Postmortem Report of the deceased, Preeti katiyar, injuries found were - One Ligature Mark- 29 cm. x 2 cm., around chin, 5 cm., below right ear and 3 cm. below left ear. On dissection white parchment like glistering was found present under ligature mark (hyoid bone intact) by the doctor on the body of the deceased and cause of death of the deceased was opined by the doctor to be Asphyxia, due to ante mortem hanging. It was also opined by the doctor that the injury was caused by hard and blunt object.