RAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused / appellant against the judgement and order dated 7.10.2005 passed by the Additional District & Sessions Judge, Court No.1, Aligarh in Session Trial No. 479 of 2001 (State of U.P. vs. Saroj Devi and others) convicting and sentencing the appellant Rajendra for the offence punishable under Section 304-B IPC for ten years rigorous imprisonment and a fine of Rs. 3,000/-, for the offence punishable under Section 498-A IPC for two years rigorous imprisonment and a fine of Rs. 1,000/- and for the offence punishable under Section 3/4 of the Dowry Prohibition Act for one year rigorous imprisonment and a fine of Rs. 1,000/-. In default of payment of fine, appellant was also directed to undergo additional simple imprisonment of three months. All the sentences have been directed to run concurrently.

(2.) The facts of the case, in nutshell, as unfolded by the informant Tikam Singh son of Mewa Ram in the First Information Report (in short 'F.I.R.'), are that in March, 2000, the informant had married his daughter Uma with Rajendra Singh son of Om Prakash, resident of Village Ghari Ki Sarai, Police Station Sasni Gate, Aligarh giving sufficient dowry as per his capacity and Rs. 2,50,000/- cash but the in-laws of his daughter were not happy with the same and were demanding additional dowry in the form of Rs. 1,00,000/- cash. The daughter of the informant told time to time to her mother and Mausa Sher Singh about the said demand. The informant and his relatives tried to pacify the matter, but husband of the deceased, father in law, mother in law and devar were not agree. On 7.8.2000, in the evening, Rajendra, husband of the deceased, Om Prakash, father in law, Saroj mother in law and devar Prem Singh unanimously gave poison to the daughter of the informant and on being serious, they got admitted her in the Medical Hospital. In the night at about 10.00 p.m. it was informed that her sister consumed poison and when they reached Medical, her sister told that she was forcibly given poison and was beaten. Thereafter, she became much serious. She had omitting with smell of poison and at last at 11.00 p.m. she died.

(3.) On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-5) was registered at Police Station concerned mentioning all the details as had been described in Ext. Ka-.1. G.D. entry was also made at the same time.