HARIKESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dr. Arun Srivastava, learned counsel for appellant and learned A.G.A. for State.

(2.) This appeal under Section 374(2) Cr.P.C. has been filed by appellant Harikesh Singh against judgment of conviction and order of sentence dated 07.08.2006, passed by Additional Sessions Judge Vth, Pilibhit in Sessions Trial No. 84 of 2005; State of U.P. Vs. Harikesh and others, arising out of Case Crime No. 428 of 2004, under Sections 498-A, 304-B, 201 I.P.C. and 4 of Dowry Prohibition Act, P.S. Neuria, District Pilibhit, whereby appellant has been convicted and sentenced with two years' rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine three months' additional rigorous imprisonment for offence punishable under Section 498-A I.P.C., ten years' rigorous imprisonment for offence punishable under Section 304-B I.P.C., two years' rigorous imprisonment and fine of Rs.1,000/- and in default of payment fine two months' additional rigorous imprisonment under Section 201 I.P.C. and one year rigorous imprisonment and fine of Rs.2,000/- and in default three months' additional rigorous imprisonment under Section 4 Dowry Prohibition Act with this contention that trial court failed to appreciate the facts of law placed before it on record and sentences were too severe, hence this appeal with a prayer for setting aside impugned judgment of conviction and sentences made therein.

(3.) The case of prosecution surfaced on record is that first information report of above Case Crime No. 428 of 2004, under Sections 304-B, 201, 498-A I.P.C. read with Section 3/4 Dowry Prohibition Act was got registered at Police Station Neuria, District Pilibhit on 11.09.2004 at 19.30 P.M. on the report of Smt. Ramlali, W/o Swami Nath, R/o Jay Nagar No. 1, P.S. Rudrapur, District Udham Singh Nagar, Uttranchal against husband Harikesh Singh, jeth Balkaran Singh, mother-in-law Budhiya and father-in-law Ram Padarath Singh, all R/o Neuria Colony, Nai Basti, Pakadia, P.S. Neuria, District Pilibhit with contention that informant's daughter Rooprani was married with Harikesh Singh, S/o Ram Padarath, five years back. Dowry, as per capacity, was given in it, but husband and in-laws of deceased-daughter were not satisfied with the dowry and they were demanding additional dowry of Rs.25,000/- and due to non-fulfillment of same, she was being subjected to cruelty. Rooprani was blessed with a female baby, one month before. Rooprani was subjected to cruelty regarding above dowry by husband Harikesh Singh, jeth Balkaran Singh, mother-in-law Budhiya and father-in-law Ram Padarath Singh. She was killed by them and her cremation was performed without informing to anyone. When this information was received, informant went to her daughter's in-laws house on 30.07.2004, where she asked about this hidden cremation of her daughter. She was abused and assaulted by deceased's in-laws. She went at Police Station for getting the case reported, but was of no avail, hence it was sent through registered post on 03.08.2004 to Superintendent of Police, Pilibhit, but no action was taken by Police Station, Pilibhit, hence this application before Magistrate was filed under Section 156(3) Cr.P.C. for getting the case registered and in compliance of order of Chief Judicial Magistrate, Pilibhit, this case crime number was got registered. After investigation, charge sheet against accused Harikesh Singh, Balkaran Singh, Budhiya and Ram Padarath Singh was submitted for offence punishable under Sections 304-B, 201, 498-A I.P.C. read with Section 3/4 Dowry Prohibition Act. Magistrate took cognizance over it. As offence of dowry death was exclusively triable by Court of Sessions, hence court of Chief Judicial Magistrate, Pilibhit, vide order dated 02.03.2005, committed file to Court of Sessions, which was transferred to Court of Additional Sessions Judge, who after hearing learned Government counsel and learned counsel for defence, framed charge on 16.06.2005 against Harikesh Singh, Balkaran Singh, Budhiya and Ram Padarath Singh as follows:-