KUNWAR PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the appellant Kunwar Pal against the judgment and order dated 12.8.2011 passed by the Additional Sessions Judge, Court No.11, Meerut in S.T. No.346 of 2007 (State Vs. Kunwar Pal and Others), by which he has been convicted and sentenced to undergo for life imprisonment under Section 304B I.P.C. and further to undergo imprisonment for three years and fine of Rs.5000/- under Section 498A I.P.C. and in default of payment of fine further undergo imprisonment for six months and to undergo imprisonment for one year and fine of Rs.1000/- under Section 4 of D.P. Act and in default of payment of fine further undergo imprisonment of one month. All the sentences have been ordered to run concurrently.

(2.) The State Government has also preferred a Government Appeal being aggrieved by the aforesaid judgement and order of the trial Court by which the trial Court has acquitted the accused respondents no.1 to 3, namely, Smt. Leelawati, Smt. Omwati and Hirday Kumar from the aforesaid charges, which is also connected with the present appeal.

(3.) The prosecution case as has been set-forth in the written report which has been lodged by the complainant Pintoo, son of Mahendra Singh, resident of Village Khanauda, Police Station Daurala, District Meerut is that on 5th May, 2004 his sister, namely, Smt. Pinki was married to Kunwar Pal, son of Ram Singh, resident of Village Saini, Police Station Inchauli according to Hindu rites and traditions and in the marriage sufficient dowry was given but the in-laws of Smt. Pinki were not happy with the dowry and they started pressurizing Smt. Pinki for demand of a colourT.V., motorcycle and Rs.50,000/- from her father. The husband of Pinki, namely, Kunwar Pal, mother-in-law Smt. Leelawati, who were resident of Village Saini and sister-in-law, namely, Smt. Ompati and brother-in-law, namely, Hirday Kumar presently residing at Village Saini used to cruelly treat her and assault her for dowry. Pinki had told to her parents about the said fact, on which the informant and his family members had tried to pacify the in-laws of Smt. Pinki but they still used to assault and mentally torture her. On 7.12.2006 at 10.35 a.m. all the accused persons poured kerosene on her and set her ablaze and information regarding the same was given to the father of Pinki on phone by the villagers of Village Saini. On which, father and family members of Smt. Pinki reached at the in-laws house of Smt. Pinki in Village Saini and admitted her for medical treatment in District Hospital Pyare Lal Sharma, Meerut. The doctor after seeing her in badly burnt condition, referred her to Medical College, Meerut and during treatment on 8.12.2006 in the morning at about 4.45 a.m. Pinki succumbed to her burn injuries. Kunwar Pal had also committed murder of his first wife Smt. Anju, D/o Gajraj Singh, R/o Bulandshahr and with regard to the said case an FIR was also registered against him at police station Inchauli being Case Crime No.172 of 1997, under Section 304B I.P.C. and the said fact came in the knowledge of the informant after the marriage of his sister Pinki. Thus, he prayed that the First Information Report be registered and proper action be taken.