RAJESH AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nafees Ahmad, A.G.A., for State of U.P., Sri Amit Danga, for first informant and Sri Manish Tandon, for the accused.

(2.) Government of U.P. has filed Government Appeal No. 3624 of 2009 from acquittal of Rajesh Agrawal, from charges under Section 498-A, 304-B of Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3/4 of Dowry Prohibition Act, 1961 and Government Appeal No. 3901 of 2009 from acquittal of Smt. Ram Sumirini, Yogesh Agrawal and Smt. Seeta Agrawal from all the charges; Shiv Narayan Agrawal has filed Criminal Revision No. 92 of 2009, from acquittal of Smt. Ram Sumirini, Yogesh Agrawal and Smt. Seeta Agrawal from all the charges and Criminal Revision No. 93 of 2009, from acquittal of Rajesh Agrawal, from charges under Section 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, 1961 and Rajesh Agrawal has filed Criminal Appeal No. 240 of 2009, from his conviction and sentence dated 07.01.2009, passed by Additional Session's Judge, Court No. 3, Kanpur Nagar, in S.T. No. 295 of 2007, State vs. Rajesh Agrawal and others, (arising out of Case Crime 268 of 2006, under Section 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Barra, Kanpur Nagar), convicting him under Section 306 IPC and awarding sentence of five years rigorous imprisonment with fine of Rs. 5000/- with default stipulation. These appeals and revisions were arising out of same judgment as such these were consolidated and heard together.

(3.) On the complaint (Ex-Ka-1) of Shiv Narayan Agrawal (PW-1), FIR (Ex-Ka-7) of Case Crime No. 268 of 2006 was registered on 04.09.2006 at 9:45 hours, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Barra, district Kanpur Nagar, against Rajesh Agrawal (husband) and Smt. Ram Sumirini (mother-in-law), Yogesh Chandra Agrawal (Jeth) and Smt. Seeta Agrawal (Jethani) of the deceased Smt. Vibha Agrawal, by Head Moharir Baleshwar Prasad (PW-5). It has been stated in the FIR that Vibha Agrawal, aged about 30 years, the daughter of the informant, was married to Rajesh Agrawal son of late Harish Chandra Agrawal, resident of 13/8-W-2, Juhi, Damodar Nagar, P.S. Barra, Kanpur Nagar on 18.05.2003, giving dowry according to his capacity. When his daughter came to her in-laws house, then his son-in-law Rajesh Agrawal, mother-in-law Smt. Ram Sumirini, Jeth Yogesh Chandra Agrawal and Jethani Smt. Seeta Agrawal were not happy with the dowry given by him and used to tell her to bring Rs. One lakh cash in dowry. When his daughter informed him in this respect, then he, his son and his brother-in-law Sri Ram Gopal came to Barra and thoroughly pacified the in-laws of Vibha but after their going back, they began to torture his daughter for bringing dowry. Then, he arranged Rs. 25000/- and gave it to his son-in-law Rajesh Agrawal. But after some time, they again started to threaten and assault his daughter. On 03.09.2006 at about 10:00 PM, someone informed him on telephone that his daughter had died. On this information, the informant and his wife came to Barra then found that his daughter was murdered by hanging and cutting veins of the hand due to non-fulfillment of dowry demand. The dead body of his daughter was kept at the house of the accused.