PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 27.08.2015 passed by Additional Sessions Judge Court No.8, Bareilly in S.T. No. 83 of 2014 ( State Vs. Pratap Singh and another) convicting the appellant (Pratap Singh) under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 20,000/- with default stipulation. However, he was exonerated for the offence under Sections 498A, 304-B, IPC and Section - D.P.Act.

(2.) The prosecution case, in brief, is that P.W.1 Rajendra Kumar gave a written report at the Police Station, Baradari, district, Bareilly alleging therein that his daughter- Shashi was married according to Hindu rituals with Pratap Singh (appellant No.1) son of late Pyare Lal resident of village Harungala, P.S. Baradari, district, Bareilly on 28.4. 2012, but her in-laws were not happy and soon after her marriage, they started hurling taunt about dowry; that her son-in-law Pratap Singh, mother-in-law Lalan Devi, Jethani- Mithilesh wife of Sukhpal and married Nanad Mithilesh asked to bring Rs. Two lacs and a motor cycle for doing business; that her daughter told this to him, upon which he went to settle the things on many occasions, but the in-laws of her daughter continued to torture her; that about 8 days prior to the incident, his son Pramod Kumar went to the house of her sister to inquire about her, then she told that her in-laws are torturing her and they can take away her life any time; that on return, his son told this fact to him; that on 19.9.2013, at about 8.00 A.M., his relative Om Dutta son of Raj Kumar gave him the information that her daughter-Shashi has died in her in-laws house; upon which information, family members of the informant reached the in-laws house of her daughter at about 9.00 A.M. and saw that dead body of his daughter was lying in the courtyard; the informant named his son-in-law Pratap Singh, mother-in-law Lalan Devi, Mithelesh wife of Sukhpal and Nanand Mithilesh for committing murder of his daughter by strangulation.

(3.) On the aforesaid information/report, necessary entry was made in G.D. No. 24 at 10.00 A.M.19.9.2013 (Ex.Ka.4) and a Case under Sections 498A, 304B, IPC and Section - D.P. Act was registered at Case Crime No. 1800 of 2013 (Ex. Ka.3). Investigation of the case was entrusted to Circle Officer, P.W.6 ( Asit Srivastava), who visited the place of occurrence, prepared site plan (Ex.Ka.7), conducted inquest of the dead body of the deceased, prepared necessary police papers viz. Photo nash, challan nash, letter to C.M.O. and R.I.(Ex. Ka.9 to Ex.Ka.13), he took in his custody one rope (Ex.Ka.6) from the place of occurrence. After completing necessary formalities, dead body was sent for post mortem. The post mortem was conducted by P.W.4- Dr. Anil Kumar Agrawal at District Hospital, Bareilly, who found following injuries on the body of deceased;