DEO KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N.K. Mishra, for the appellant, Sri S.Lal, for the first informant and A.G.A., for State of U.P.

(2.) This appeal has been filed from the conviction and sentence passed by Additional Sessions Judge/Fast Track Court, Chitrakoot, dated 08.01.2015, in S.T. No. 126 of 2013, State of U.P. Vs. Deo Kumar (arising out of Case Crime No. 23 of 2013, under Section 498-A, 306, 504, 506 IPC, P.S. Pahari, district Chitrakoot), sentencing the appellant for seven years rigorous imprisonment with fine of Rs. 5000/- under Section 306 IPC, three years rigorous imprisonment with fine of Rs. 3000/- under Section 498-A IPC, two years rigorous imprisonment with fine of Rs. 1000/- under Section 504 IPC and two years rigorous imprisonment with fine of Rs. 1000/- under Section 506 IPC, with default stipulation.

(3.) On the complaint of Shiv Poojan (PW-1), Constable Muharrir Rajju Prasad registered FIR of Case Crime No. 23 of 2013, under Section 498-A, 306, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, 1961, at P.S. Pahari, district Chitrakoot, on 25.02.2013 at 19.00 hours, against Deo Kumar-Jeth, Shakuntala-Jethani and Kuchariya @ Shiv Kumari -mother-in-law of Prema Devi (the deceased). It has been stated in the FIR that Prema Devi was married to Rajendra Kumar son of Chandrapal, on 11.05.2003. At the time of marriage the first informant had given Rs. One lakh, five tola gold and other things. But Deo Kumar-Jeth, Shakuntala-Jethani and Kuchariya @ Shiv Kumari -mother-in-law were not satisfied with the dowry and after marriage they began to demand one motorcycle, five tola gold and Rs. 50000/. He tried to pacify them and requested them for not to torture his daughter but after some time they began to assault his daughter. Whenever his son-in-law tried to resist them, they also used to assault him. His daughter has called him on telephone and informed all the above things. In November 2012, the first informant brought his daughter to his house, then his daughter informed that apart from aforementioned dowry demand, her Jeth was having bad eyes upon her and on resistance by her husband, he also used to threaten him. On 18.02.2013, he sent his daughter along with his son-in-law to his house. On 19.02.2013, the husband of his daughter had gone out. On that day, they had abused and tortured his daughter. His daughter informed him, in this respect on next day. On 20.02.2013, Deo Kumar created pressure for making illicit relation with his daughter and became successful in his act. Due to which, his daughter suffered mental agony and finding herself unsafe, she committed suicide by burning herself through kerosene oil kept in the house. On hue and cry, elder son of his daughter, who was about six years old, awake and began to weep. Then other members of the family came and took his daughter to Primary Health Center Pahari, from where she was referred to District Government Hospital, Chitrakoot. Due to excessive burn, the doctors referred her to Allahabad. During treatment, she died on 23.02.2013 at Swarup Rani Nehru Hospital Allahabad. Her post mortem was conducted at Swarup Rani Nehru Hospital Allahabad on 24.02.2013. Thereafter, they brought dead body to village Pathera and cremated. His son-in-law informed him about the incident after reaching at District Hospital Chitrakoot.