AMIT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dated 06.04.2016 (State Vs. Amit Kumar and others) arising out of Case Crime No.655A of 2012, under Sections 498A, 304 B of IPC and Section 4 Dowry Prohibition Act, 1961, Police Station- Khurja Nagar, District- Bulandshahar, by which learned trial court convicted only appellant- Amit and sentenced him for two years under Section 498A IPC with fine of Rs.5,000/-, ten years under Section 304 B and one year imprisonment under Section 4 Dowry Prohibition Act with fine of Rs.2,000/-.

(2.) Brief facts of this case are that Ravi, the informant, is the brother of the deceased. He moved an application under Section 156(3) Cr.P.C. in the Court of Magistrate with the averment that her sister Pooja was married to Amit s/o Bharat Singh on 24.04.2012, who is resident of village Akbarpur, Police Station- Sasani, District- Hathras and gave the dowry according to their financial capacity. A Pulsar motorcycle was also given in the marriage but her in-laws including Amit, his father Bharat Singh, his mother Sharada, his uncle Charan Singh, his brother Manoj and one Pinki were not happy with the dowry given in the marriage and they also started demand of a car as additional dowry. They used to torture Pooja for not fulfilment of the demand of additional dowry. Pooja used to tell the fact regarding the demand of additional dowry and torture for not fulfilling the demand. Parental family members of Pooja tried to make them understand but of no avail. On 13.08.2012 at about 6:00 pm Pooja made a phone call to her brother Ajay and said that Amit and her in-laws were demanding a car and they took her by force to village Akbarpur from Delhi and any untoward incident might take place. The above mentioned persons in connivance with unknown driver of vehicle No. UP-78 BT 0879 have murdered Pooja at about 10:00 pm on 13.08.2012 and have lodged a fake first information report of accident in PS- Khurja Nagar. On coming to know about this incident, the informant went to PS- Khurja, District- Bulandshahr and tried to give a written report but the police refused to receive the report. It has come to the knowledge of the informant that in the above accident neither Amit has sustained any injury nor his motorcycle was damaged. Therefore, they have all killed Pooja by hatching a conspiracy with unknown truck driver.

(3.) Peculiar facts of this case are that before lodging the aforesaid FIR through application 156(3) Cr.P.C., initially first information report was lodged by Charan Singh, who is uncle of appellant-Amit, having Case Crime No.655 of 2012, under Section 279, 304A and 427 IPC at Police Station Khurja, District- Bulandshahar against the truck driver of truck No.UP-78 BT 0879 and after investigation, charge sheet was prepared against the aforesaid truck driver Somnath Vishwakarma, under Section 279, 304A and 427 IPC but this charge sheet was cancelled by Senior Superintendent of Police, before submission in court and further another charge sheet was prepared and submitted in the concerned court against Amit, Bharat Singh, Smt. Sharada, Charan Singh, Manoj and Pinki, under Section 498A, 304B IPC and 3/4 Dowry Prohibition Act, 1961. The above charge sheets were merged and taken together by the learned Magistrate.