PAPPU Vs. THE STATE OF U.P.

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 26.09.2003 passed by the Additional Sessions Judge, FTC-V, Lucknow in Sessions Trial No.25 of 2001. The learned Trial Court vide impugned judgment and order has convicted the accused appellant under Sections 498A and 304B I.P.C.

(2.) The accused-appellant, Pappu was sentenced under Section 498-A I.P.C. to undergo 2 years rigorous imprisonment with fine of Rs.2,000/- and in the event of non-payment of fine two months additional rigorous imprisonment and under Section 304B I.P.C. to undergo 10 years rigorous imprisonment. It was directed that both the sentences would run concurrently.

(3.) The prosecution story, as emerges from the record, is that on 24.05.2000 the complainant, Mahesh, P.W.1, gave a written complaint, Exh. Ka-1, at Police Station alleging that the marriage of his sister Prema, the deceased, was performed with the accused-appellant, Pappu 3-4 years before. The accused had killed his sister in the intervening night of 23/24.05.2000 by setting her on fire for not bringing sufficient dowry. It was alleged that two days before the date of incident, the accused-appellant came to the complainant's house and demanded Rs. 20,000/- on the ground that the complainant side did not give enough dowry at the time of marriage. It was alleged that the family members assured the accused-appellant that they had bought a mango grove and after the crop come, they would give Rs.5,000/- to him and they would not give any more money thereafter. The accused-appellant warned that if he did not get the money within 3-4 days he would kill the deceased by putting her ablaze and, thereafter, he would see the complainant side as well.