BRAJESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Misra, learned Senior Counsel assisted by Sri Sandeep Dubey and Sri Krishna Kumar Patel, learned counsel for the appellant and Smt. Manju Thakur, learned A.G.A.-I for the State.

(2.) This criminal appeal has been filed by the appellant Brajesh Singh against the judgement and order dated 09.07.2014 passed by the learned Additional Sessions Judge/Special Judge, S.C./S.T. (P.A.) Act, Budaun in S.T. No. 915 of 2012, State Vs. Brajesh Singh and S.T. No. 951 of 2012, State Vs. Shashi arising out of Case Crime No. 83 of 2012 u/s 323/34, 498-A, 304-B I.P.C. and D.P. Act, optional Sec. 302/34 I.P.C., P.S.- Dataganj, District- Budaun by which the appellant has been convicted and sentenced to imprisonment for life and a fine of Rs. 5,000.00 and in case of default in payment of fine, three months further simple imprisonment u/s 302 I.P.C.

(3.) Briefly stated the facts of this case are that Ruchi Devi, daughter of P.W.1 informant Kaushal Singh was married to the appellant Brajesh Singh, resident of village- Jaipalpur Dhanaura, P.S.- Dataganj, District- Budaun about two years before the occurrence. His daughter Ruchi Devi was maltreated, tortured and beaten by his son-in-law Brajesh Singh and his other family members including her daughter's mother-in-law Veerbala, w/o late Natthu Singh, brother-in-law Hridesh, sister-in-law Shashi and his son-in-law's friend, Lalla son of Rambabu Pandit on account of non-fulfilment of demand of one pulsar motorcycle, T.V. set and Rs. 1,00,000.00 cash. His son-in-law appellant Brajesh Singh had left his daughter several times in her parental home. However on 18.02.2012, her husband Brajesh Singh took her back to her matrimonial home on the promise that he will not maltreat or harass her. On 27.02.2012 at about 8 p.m., his son-in-law appellant Brajesh Singh informed P.W.1 informant Kaushal Singh telephonically that his daughter was suffering from cholera and he was taking her to Gupta Hospital in Bareilly for treatment. After 15 minutes, he asked the informant not to go to Bareilly as the appellant was bringing back his daughter to his house. On account of non-availability of any mode of transport in the night, P.W.1 informant Kaushal Singh reached his daughter's matrimonial home in village- Jaipalpur in the morning. He found her lying dead and it appeared to him that his daughter had been strangulated. He also noticed injuries on whole of her right hand and entire body. Narrating the aforesaid facts, P.W.1 informant Kaushal Singh gave a written report (Ext.Ka.1) at P.S.- Dataganj, District- Budaun on 28.02.2012 at 13.45 hours on the basis of which Case Crime No. 83 of 2012 u/s 498-A, 304-B I.P.C. and Dowry Prohibition Act was registered against the appellant Brajesh Singh and his mother Veerbala, younger brother Hridesh, younger sister Shashi and his friend Lalla. Check F.I.R. and relevant G.D. Entry were prepared by Constable Omprakash Singh and the investigation of the case was entrusted to Mansha Ram Gutam, the then Circle Officer, Dataganj.