ARVIND KUMAR TRIPATHI, J. - (1.) HEARD Chandra Shekhar Sinha, learned counsel for the appellants assisted by Shri Sanjay Singh Chauhan; Sri Sunil Kumar Singh learned counsel for the complainant; and Ms Zeba Islam Siddiqui, learned AGA for the State respondent.
(2.) THESE two criminal appeals have arisen out of the judgment and order dated 2.3.2010, hence they have been heard together and are being decided by a common judgment. Both the aforesaid criminal appeals have been filed against the judgment and order dated 12.3.2010 passed by the learned Additional Sessions Judge, Court No.4, District Hardoi in Sessions Trial No.772 of 2008, case crime no.1771 of 2008, Police Station Kotwali City, District Hardoi by which the appellants Sharad Tripathi, Smt. Rajeshwari, Vimal and Gopesh, were convicted under Section 304 B IPC and sentenced to undergo 10 years RI, under Sections 498 A IPC and sentenced to undergo 1 year RI along with fine of Rs.1000/ . In default of fine, they were directed to undergo 2 months RI, and under Section ¾ of the Dowry Prohibition Act and sentenced to undergo 6 months RI along with fine of Rs.1000/ , and in default, of fine were directed to undergo two months extra imprisonment.
(3.) AS per prosecution version, a FIR was lodged by Suresh Chandra Trivedi in Police Station Kotwali City, Hardoi on 23.6.2008 that his daughter Neelam was married with Sharad Tripathi son of Raj Kumar Tripathi on 24.11.2007, and in this marriage sufficient gifts etc. was given according to his capacity, but Sharad Tripathi, his father Raj Kumar Tripathi, mother Smt. Rajeshwari, brothers Vimal and Gopesh and sister Jyoti were not satisfied with that gift etc., and were demanding a Hero Honda motorcycle and Rs.50,000/ cash as dowry for constructing a room in their house. He was unable to fulfill their demand on account of which they started torturing and harassing his daughter. On 21.6.2008, at about 12 noon, he called his daughter, then she started weeping, and said 'give them motorcycle and pay Rs.50,000/ cash, otherwise she will be killed, and they are talking of contracting second marriage'. In the night of 21/22.6.2008, at about 2.15 AM, Sharad Tripathi called his son and informed him that Neelam is missing. Then he went to the marital house of Neelam, but she was not available there. During search, somebody informed that a dead body of a girl is lying near railway track. He rushed towards the railway track, but all the family members of Sharad Tripathi fled away from their house. He went to the railway track, and found that the dead body was of his daughter Neelam. There were several injuries on her body. In the meantime, GRP arrived and prepared inquest report, and sent the dead body for post mortem. Slippers of Sharad Tripathi was also found near the dead body, which was sealed by the police. On this information, FIR under Sections 498 A, 304 B IPC and Section ¾ of the Dowry Prohibition Act was registered.;