- (1.) These criminal appeals have been preferred by the accused/ appellants against the judgement and order dated 18.6.2011 passed by the Additional District & Sessions Judge, Court No.2, Pilibhit in Session Trial No. 498 of 2008 (State of U.P. vs. Rajiv and others) convicting and sentencing the appellant Rajiv for the offence punishable under Section 304-B IPC for ten years rigorous imprisonment and the appellants Kalicharan and Poonam for the offence punishable under Section 304-B IPC for seven years rigorous imprisonment to each of them and accused appellants Rajiv, Kalicharan, Poonam and Chala @ Chanchala for the offence punishable under Section 498-A IPC for two years rigorous imprisonment and a fine of Rs. 5,000/- each and accused appellants Rajiv, Kalicharan, Poonam Devi and Chala @ chanchala for the offence punishable under Section 4 of the Dowry Prohibition Act for one year rigorous imprisonment and Rs. 3,000/- fine to each. In default of payment of fine, they were also directed to undergo additional imprisonment of 6 months and 3 months respectively. All the sentences have been directed to run concurrently.
(2.) Since these criminal appeals have been filed against the common judgement and order and have been heard together, therefore, the same are being decided by this judgement.
(3.) The facts of the case, as unfolded by the informant Ram Bahadur son of Hira Lal in the First Information Report (in short 'F.I.R.'), are that in May, 2003, the informant had married his daughter Nanhi @ Sumitra with Rajiv son of Kalicharan resident of Village Kangawan, Police Station Bisalpur according to Hindu rites and rituals. At the time of marriage, he had given sufficient dowry as per his capacity but the in-laws of his daughter were not happy with the same and were demanding additional dowry in the form of Motorcycle and Rs. 80,000/- for opening shop. Informant and his daughter told that they were poor person and were unable to fulfill the additional demand but the accused did not agree and were adamant on their demand. The daughter of the informant told many times to him that the accused persons would kill her if the demand is not fulfilled. The informant alongwith Indradeo, the son of his brother in law (sarhu), tried to pacify the matter, but husband of the deceased Rajiv, father in law Kalicharan, mother in law, sister in law (Nanad) Chala and sister-in-law Rani and her husband Hariom repeatedly subjected her to harassment and cruelty due to non-fulfilment of the additional demand of dowry and gave threat to kill. The informant tried many times to pacify the matter but they told that without fulfilment of additional demand of dowry, the daughter of the informant will not be allowed to remain in their houses. On 16.7.2008, informant was informed on telephone that his daughter was killed by them. On information when informant and his son reached village Kangawan, he saw the dead body of the deceased lying in the room. Head was lacerated. There was mark of injury on the neck.;