- (1.) This Criminal Appeal has been filed by the accused appellant Lallan alias Mata Prasad against the judgment and order dated 14.6.2012 passed by Dr. Gokulesh, Additional District & Sessions Judge, Court No. 1, Banda in S.T. No. 25 of 2010 whereby the trial court has convicted and sentenced the appellant to undergo rigorous imprisonment of seven years under Section 304-B IPC, rigorous imprisonment of two years and a fine of Rs. 1000/- under Section 498-A IPC and rigorous imprisonment of six months and a fine of Rs. 1000/- under Section 3/ 4 Dowry Prohibition Act. In default of payment of fine the accused shall further undergo rigorous imprisonment of six months.
(2.) secution story in nutshell is as under : On 11.7.2008 the complainant tied the nupital knot of his daughter Sangeeta in accordance with Hindu rites and ceremonies with the accused appellant Lalu @ Mata Prasad son of late Hira Lal resident of Mohalla Khainpar, P.S. Kotwali, district Banda, by gifting the dowry of more than Rs. 1,00,000/- but the accused appellant and his family members were not satisfied with the dowry. They were demanding a gold chain of two tolas and Rs. 20,000/- in cash, but due to non-fulfillment of their demand they used to torture her physically and mentally. His daughter returned to maternal house in the festival of Raksha Bandhan and narrated the tale of woe, but keeping in view the future of his daughter no complaint was lodged with the police instead a panchayat was held in which on giving an assurance by her husband that he would neither demand dowry nor torture her, he sent his daughter Sangeeta, deceased, with her husband on 7.8.2009. But in the night of 24.8.2009 due to non-fulfilment of demand of dowry, her husband, her mother-in-law Chuniya and Ram Saran, brother of mother-in-law, beaten Sangeeta excessively and mercilessly and thereafter set her on fire. Deceased succumbed to her injuries in the District Hospital, Banda on 25.8.2009. On the basis of the written report, the Chick F.I.R. was prepared and an entry to this effect was made in G.D. The investigation was entrusted to C.O., City, Banda.
(3.) On the date of incident i.e. 24.8.2009 deceased was admitted in the District Hospital, Banda for treatment but succumbed to her injuries on 25.8.2009, therefore, report regarding the death of the deceased was sent to the police station Kotwali Nagar, Banda through the Ward Boy Ram Narain of the concerned hospital at 12.05 hrs. It was entered in the G.D. Rapat No. 24 at the concerned police station and on the basis of information inquest report was prepared by J. P. Pandey, Naib Tehsildar, Banda in the presence of the witnesses of the inquest. Dead body was kept in sealed cover and preparing the sample seal and other police papers i.e. photo nash, challan nash, Form No. 13 etc. the dead body was sent for post mortem examination. Post mortem on the body of the deceased was conducted on 26.8.2009 at 3 P.M. at District Hospital, Banda.;