MAHESH PATEL Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal under Sections 374(2) read with Section 389(1) of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) has been filed by convict appellant Mahesh Patel against judgment of conviction and sentence made therein dated 30.3.2017 passed by the Additional Sessions Judge/ F.T.C. Court No. 1, Varanasi, in S. T. No. 93 of 2015, State of U.P. Vs. Mahesh Patel and others, arising out of Case Crime No. 436 of 2014, under sections 304B, 498A, 201 I.P.C. and 4 D.P. Act, Police Station Rohaniya, District Varanasi, whereby the convict appellant has been sentenced with seven years rigorous imprisonment for offence punishable u/s 304B I.P.C., one year's simple imprisonment with fine of Rs. 1000/- for offence punishable u/s 498A I.P.C., one year's simple imprisonment with fine of Rs. 1000/- for offence punishable u/s 201 I.P.C. and one year's simple imprisonment with fine of Rs. 1000/- for offence punishable u/s 4 D.P. Act with direction for concurrent running of sentences and adjustment of previous imprisonment, if any, in this case crime, and in default of payment of fine one month's additional imprisonment has to be served.

(2.) Heard Sri Manvendra Singh, learned counsel for appellant, and Sri N. K. Srivastava, learned AGA for the State. Perused the lower court's record.

(3.) Prosecution case, which surfaced from record, was that an information by one Shrichand Bind, a representative of Gram Pradhan of Village Ganj Khwaja, police station Alinagar, district Chandauli, was submitted at Police Station Alinagar, District Chandauli, on 01.11.2014 at 11.45 A.M. that a dead body of unknown lady, aged about 28 years, was lying in a paddy field, within the area of village Ganj Khawaja at a distance of about 4 Kms. towards east from the police station. Upon this information inquest proceeding of dead body of an unknown woman, aged about 28 years, religion Hindu, was got conducted by Sub Inspector of Police, Police Station Alinagar, after taking witnesses Shrichand Bind, Smt. Kewla Devi, Manoj Kumar, Ram Vilas and Ganga Prasad on 01.11.2014 at 13.05 hours and this was found to be a case in which no apparent injury was there on the person of deceased and even after effort identification of the dead body could not be established, hence for determining real cause of death autopsy examination was needed, for which relevant police papers were got prepared and dead body under sealed intact position was sent for autopsy examination.