Raghvendra Kumar, J. - (1.) HEARD learned counsel for the appellant, learned A.G.A. for the state of U.P. and perused the record.
(2.) THIS Criminal appeal is directed against the judgment and order dated 27.8.2008 passed by the Addl. Sessions Judge/F.T.C. No. 1, Gautam Budh Nagar in S.T. No. 229 of 1999, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, P.S. Phase -II, District - Gautam Budh Nagar arising out of Case Crime No. 108 of 1998 whereby the accused -appellant Aditya Tyagi has been convicted for the offence punishable under Section 304 -B IPC and sentenced to imprisonment for life and further convicted for the offence under Section 498 -A IPC and sentenced to two years' R.I. along with fine of Rs. 10,000/ - with default stipulation of three months additional sentence and further convicted for the offence under Section 3 of Dowry Prohibition Act and sentenced to R.I. for five years imprisonment along with fine of Rs. 5000/ - with default stipulation six months additional imprisonment and further convicted for the offence under Section 4 of Dowry Prohibition Act and sentenced for two' years imprisonment along with fine of Rs. 2000/ - with default stipulation and two months additional imprisonment. All the sentences were ordered to run concurrently. The FIR of this case has been lodged by Krishna Tyagi, brother of the deceased - Rekha Tyagi daughter of Har Prakash Tyagi who was married with Aditya Tyagi @ Bobby s/o Ram Das Tyagi, r/o Phase -II, Noida, Gautam Budh Nagar. The marriage was solemnized in the month of February, 1998. According to the FIR, approximately rupees eight lacs were spent in the marriage of deceased - Rekha Tyagi. Even after spending such huge amount in the marriage, the accused -appellant Aditya Tyagi and his family members were not satisfied and were pressing for the additional demand of one Ceilo Car and Rs. 2 lacs cash. After marriage with respect to the above demand, the sister of the informant -complainant was subjected to physical harassment and cruelty. About a month prior to the incident when the deceased was harassed, then she informed her family members so she was brought back to her native home - Makanpur. On 5.10.1998, Devendra Tyagi, Brijendra Tyagi, Aditya Tyagi @ Bobby, Bala Tyagi and Nirmesh Tyagi visited the native place of informant and assured for good behaviour with the deceased Rekha Tyagi. On their assurance, Rekha Tyagi (deceased) was sent with them. In the morning of 8.10.1998 at about 9 a.m., a message was received from the matrimonial home of the deceased on phone whereby it was informed that Rekha has been killed and you come and take her with you. The family members reached to the house of the deceased - Rekha Tyagi where her dead body was found in the room. Complainant expressed that Aditya Tyagi @ Boby, Smt. Bala tyagi, Devendra Tyagi, Vijendra Tyagi, Nirmesh Tyagi, Anita and Kusum Tyagi had, in a most planned manner, committed murder of his sister. The FIR of the case was lodged at the police station on 8.10.1998 at 12 p.m. The distance of the police station from the place of occurrence, as per chik FIR, is 7 kms. After registration of the case, investigation proceeded and after complying with the procedure contemplated in law, the inquest of the deceased was prepared. The articles of the deceased were taken in police custody and recovery memo was prepared. The dead body of Smt. Rekha Tyagi was sent along with the connected documents for autopsy. The postmortem was conducted on 9.10.1998 at 2: 30 p.m.. and the following ante -mortem injuries were noted by the doctor in the autopsy report: - - "(i) Contusion 4 c.m. X 1.5 c.m. on back of left forearm. (ii) Multiple contusions on left thigh in the front of 2 c.m. x 2 c.m. To 12 c.m. X 1 c.m. (iii) Multiple contusions on left leg on outer -side. (iv) Abrasion in the area of 5 c.m. X 1 c.m. on back of right thigh. The cause of death could not be ascertained by Dr. A.K. Agarwal, hence viscera was preserved. The investigation culminated into filing of the charge -sheet. In the viscera report aluminium phosphide poison was found."
(3.) AFTER complying with the necessary procedure, the learned court below framed charge against the accused who denied the charge and claimed trial on merits claiming himself to be innocent.;