SHANTI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal arises out of impugned judgement and order dated 25.08.2010 passed by the learned Additional Sessions Judge, Court No. 2, Bareilly in Session Trial No. 1053 of 2003 (State Vs. Ram Veer Mathur and others), arising out of Crime No. 241 of 2007, under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act, P.S. Kyolidia, District-Bareilly, whereby appellants Ramveer Mathur and Shanti Devi alias Rama Devi have been convicted under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act. Appellant Ram Veer Mathur has been sentenced to Imprisonment for life, while appellant Shanti Devi alias Rama Devi has been sentenced to 7 years rigorous imprisonment. For the offence under Section 3/4 of Dowry Prohibition Act, both the appellants were sentenced to two years rigorous imprisonment with fine of Rs. 2000/- each. In default of payment of fine, they have to further undergo one month additional imprisonment. Both the sentences were directed to be run concurrently.

(2.) In this case, the name of the deceased is Geeta Bharti. Appellants Ram Veer Mathur and Shanti Devi are husband and mother-in-law of the deceased respectively. As per prosecution version, the marriage of Geeta Bharti was solemnised on 20.04.2007 with appellant Ram Veer Mathur, who was working in Indian Army. After some days of marriage, the appellants started demanding a four wheeler (Bolero) vehicle while the complainant has given Rs. 3,15,000/- in cash for a four wheeler vehicle, besides other articles worth Rs. 2,00,000/ in the marriage itself. The appellants-accused harassed the deceased on account of dowry. On 14.09.2007 at about 7:00 AM, the complainant was informed on the mobile phone by accused Ram Veer Mathur that the deceased has gone somewhere, while he (Ram Veer Mathur) was going to resume his duty. The complainant along with his family members and relatives reached at the matrimonial house of the deceased but the family member of her in-laws were not present there. The dead body of the deceased was lying in the varanda and she has sustained a bullet on her head.

(3.) Complainant/PW-1 Om Prakash submitted a written report exhibit Ka-1 at Police Station Kyolidia, alleging the above stated facts and on the basis of the complaint exhibit Ka-1, the present case was registered on 14.09.2007 at 4:00 PM against the appellants Ram Veer Mathur, Smt. Shanti Devi alias Rama Devi as well as against Ramavtar, Narendra Pal and Kunwar Pal vide F.I.R. exhibit Ka-5.