AWADHESH KUMAR DUBEY Vs. STATE

JUDGEMENT

(1.) This criminal appeal u/s 374(2) of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) has been filed by the appellant Awadhesh Kumar Dubey against the judgment and order dated 26.8.2018 passed by Additional Sessions Judge/ F.T.C. 1, Jalaun at Orai, in S.T. No. 52 of 2008, State Vs. Awadhesh Kumar Dubey, related with Case Crime No. 383 of 2007, of P.S. Sirsa Kalar, District Jalaun, convicting appellant for an offence punishable u/s 498A I.P.C. with a sentence of three years R.I. and fine of Rs. 4000/-, in default one year R.I., for the offence punishable u/s 304B I.P.C. with a sentence of life imprisonment and for the offence punishable u/s 4 of the Dowry Prohibition Act two years' R.I. and fine of Rs. 2000/- and in default fifteen days R.I.

(2.) The factual matrix of the case emanating from the first information report (hereinafter referred to as the F.I.R.) and the evidence adduced before the Trial Court is that Raghunandan Dubey, son of Devi Shanker Dubey, resident of Qasba and P.S. Kuthaund, district Jalaun, presented an F.I.R. at Police Station Sirsa Kalar, District Jalaun, on 28.11.2007 at 7.40 P.M. stating that his niece Arpana @ Soni, daughter of Yashodanandan Dubey was married with Awadhesh Kumar, s/o Ramesh Chandra Dubey, r/o Village Pipari Athgaiya, P.S. Sirsa Kalar, District Jalaun, about three years ago as per Hindu rituals. Dowry as per capacity to the tune of Rs. 2.5 lacs cash was given in the marriage, but the husband Awadhesh Kumar Dubey, Ramesh Chandra (father-in-law) and Smt. Lalita Devi (mother-in-law) were not satisfied with the dowry and were demanding additional dowry of a motorcycle and Rs. 20,000/- cash for carrying on business. Arpana @ Soni used to complain about it when visited her parental home. Informant and family members were not in a position to fulfill the above demand. On 28.11.2007 at about 5.30 P.M. Ramesh Chandra telephonically summoned the informant at his home. This was suspected to be an untoward incident and he rushed to village Pipari Athgaiyan where Arpana @ Soni, aged about 24 years, was found lying dead on the floor of the room of the accused persons. There was oozing of blood from her mouth and nostrils. Upon enquiry it came to the notice that the husband, father-in-law and mother-in-law of Arpana @ Soni had killed her at about 4.00 P.M. Arpana used to apprise her parents that in case of non-fulfillment of above demand of motorcycle and cash of Rs. 20,000/- as additional dowry, her in-laws would kill her. Under the above pretext those accused persons have killed her.

(3.) On submission of FIR at the Police Station Sirsa Kalar, Case Crime No. 383 of 2007, u/s 498A, 304B I.P.C. and 3/4 D. P. Act was got registered against Awadhesh Kumar Dubey (husband), Ramesh Chandra (father-in-law) and Smt. Lalita (mother-in-law). The distance of police station from the place of occurrence is about 6 Kms towards west. After registration of the F.I.R. usual investigation followed. Investigating Officer (hereinafter referred to as "I.O.") visited spot, collected blood stained and plain earth in separate containers and sealed them (marked as Exhitib Ka16). He also prepared inquest report (Panchayatnama) (Exhibit Ka2), photo of dead body and other formal documents i.e. Form 13, letter to C.M.O., letter to R.I. (Exhibits Ka6 to Ka9, respectively). Dead body of the deceased was properly sealed and sent to District Hospital, Jalaun, through Constables CP 112 Brijendra Singh Yadav and CP 425 Ajay Singh.