BABLU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgement and order dated 24.8.2009, passed by the Additional Sessions Judge (F.T.C.) Court No. 7, Bulandshahr in Sessions Trial No. 639 of 1999 (State Vs. Bablu @ Narendra Singh). Under the impugned judgement and order, the accused appellant Bablu @ Narendra Singh has been convicted under section 304 B I.P.C. and consequently sentences to life imprisonment. He has also been convicted under section 498 A IPC but by reason of the judgement reported in Sunil Garg Vs. State of U.P., 2005 52 AllCriC 1912 he has not been sentenced under section 498 A IPC. The accused appellant has further been convicted under section 3 of the Dowry Prohibition Act. Accordingly, he has been sentenced to five years rigorous imprisonment along with fine of Rs. 15,000/-. In default, the accused appellant is to undergo three months additional imprisonment. Lastly, the accused appellant has been convicted under section 4 of the Dowry Prohibition Act. As such, he has been sentenced to two years rigorous imprisonment along with fine of Rs. 1,000/-. In case of default, the appellant is to undergo three months additional imprisonment.

(2.) It transpires from the record that the marriage of appellant Bablu @ Narendra Singh was solemnized with Babita (deceased) on 1.12.1995 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of five months and fifteen days from the date of marriage, an unfortunate incident occurred on 15.5.1996, in which Babita the wife of the appellant died. It is the nature of death of the deceased Babita which is required to be dealt with in this appeal.

(3.) Vijay Singh, a neighbour of the accused-appellant submitted a written report dated 15.5.1996 of the aforesaid occurrence at Police Station Aurangabad, District Bulandshahr. P.W. 3 H.M Rajveer Singh entered the written report dated 15.5.1996 in the G.D. vide report No. 34 dated 15.5.1996. He, thereafter, scribed the check F.I.R. dated 15.5.1996 (Ext. Ka-2) which was registered as Case Crime No. 63 of 1996, under section 302 IPC, P.S. Aurangabad, District Bulandshahr.