- (1.) The present criminal appeal has been preferred against the judgment and order dated 9.10.2012 passed by the learned Additional District and Sessions Judge, Court No.4, Kanpur Dehat in Sessions Trial No.354 of 2010 (State Vs. Suresh Singh and others), arising out of Case Crime No.218 of 2009, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station-Mangalpur, District Kanpur Dehat, by which the learned trial court has convicted and sentenced the appellants 10 years R.I. for the offence under Section 304B I.P.C., 3 years R.I. for the offence under Section498-A I.P.C. and fine of Rs.1000/- to each and in default of payment of fine, 2 months additional imprisonment, 2 years R.I. under Section 4 of the D.P. Act and fine of Rs. 2000/- to each and in default of payment of fine 2 months additional imprisonment. All the sentences are running concurrently.
(2.) Prosecution case in brief is that the marriage of informant's sister, namely, Sundari was performed with accused/appellant no.3, namely, Shailendra Singh Bhadoria on 1.5.2007. In the marriage, Rs.3,00,000/- (Rupees Three Lacs) in cash was given along with other articles. After the marriage, when the sister of the informant went to her parents' house from her in-laws' on the ceremony of 'Chauthi' everything was normal, but when she returned back to her in-laws' house on second time, a demand of Bolero vehicle was being made by the accused persons from the sister of the informant, for which she was harassed and threatened if the said demand would not be fulfilled, she would not be alive. On the information given by the victim to the informant and his father, they both tried to pacify the in-laws of the victim and stated that since they are farmers hence it is beyond their means to give a Bolero vehicle, but in spite of helplessness shown by the informant and his father to the in-laws of the victim, they continued their demand of Bolero vehicle and victim was being tortured physically as well as mentally by her in-laws, i.e., husband Shailendra Singh Bhadoria, father-in-law Suresh Singh, mother-in-law Smt. Mithilesh, Chachiya Sasur Dinesh Singh and Chachiya Sas Smt. Madhu Singh.
(3.) On 20.1.2008, the informant's sister/victim was taken by her husband Shailendra Singh, father-in-law Suresh Singh and brother-in-law Ankur to her parents' house as the sister of the informant was not feeling well and her treatment was going on. When the condition of the victim deteriorated, she was admitted in Hellet Hospital at Kanpur on 26.1.2008 where she died after 4-5 hours in the night on 26/27.1.2008. Thereafter, the informant moved an application for lodging a report and requesting for panchayatnama and post mortem of the deceased on 28.1.2008, but his report was not lodged. Thereafter, the informant moved an application to the Director General of Police and Chief Minister, U.P. Lucknow and other higher officials for lodging an FIR but the same was not lodged, hence he moved an application under Section 156(3) Cr.P.C. for lodging of FIR and on the basis of which the present FIR has been lodged against the accused persons.;