- (1.) Under challenge in the instant Criminal Appeal is the judgment dated 17.05.2010 and order dated 19.05.2010 passed by Additional District & Sessions Judge, Fast Track Court, Sant Kabir Nagar, in Sessions Trial No. 69 of 2008, arising out of Case Crime No.782 of 2008, Police Station Kotwali Khalilabad, District Sant Kabir Nagar, whereby appellant Sudhir Pandey was convicted for the offence under Section 304-B, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act and was sentenced as under:- i) 304 B IPC - Imprisonment for life. ii) 498-A IPC- Rigorous imprisonment for 3 years. Fine of Rs.7,500/- with default stipulation of 3 months' additional rigorous imprisonment. Iii) Section 3 of Dowry Prohibition Act - 5 years' rigorous imprisonment. Fine of Rs.15,000/- with default stipulation of 6 months' additional rigorous imprisonment. iv) Section 4 of Dowry Prohibition Act - 6 months' rigorous imprisonment. Fine of Rs.1,000/- with default stipulation of 15 days' additional rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) Abridged facts of this case, for the purse of instant appeal, are that Shri Ramyagya Upadhyay, who happens to be the father of the deceased Renu, lodged a first information report on 14.04.2008 at 2345 hours at Police Station Khalilabad, District Sant Kabir Nagar, that the marriage of his daughter was solemnized with appellant Sudhir Pandey on 14.05.2002. There was demand of dowry and consequential ill treatment by the appellant and his family members. Whenever deceased Renu used to visit his house or he used to go to her house then she used to narrate the demand of motorcycle and cruel behaviour of the appellant. The complainant along with his relatives several times went to the house of the appellant and made a request to stop such cruelty with his daughter (deceased) but in spite of that they insisted upon their demand. The deceased was blessed with one son aged about 4 years and a daughter aged about one year. At the time of incident, the deceased was pregnant. On 14.04.2008 at about 05.00 PM, the complainant got an information that his daughter Renu has expired. When he went to her village then after seeing the dead body he was of the view that she has been murdered by the appellant and his parents.
(3.) On the basis of this first information report the case was registered and investigation proceeded. After conducting the inquest proceedings, the dead body was sent for postmortem. The postmortem on the body of the deceased was conducted on 15.04.2008 at 03.30 PM by a team of two doctors and the following ante-mortem injuries were found on her person:- i) Contusion on right side face from origin of mouth towards right ear size 10 x 4 cm with abrasion from right origin of mouth size 4 x 0.5 cm, 7 cm away from right ear. ii) Abraded contusion 3 x 2 cm over chin with abrasion 1 cm x 0.5 cm. iii) Abraded contusion over left of face 5 x 4 cm (abrasion 3 in numbers 2 cm x 3 mm, 2 cm x 3 mm and 3 cm x 3 mm in size). iv) Linear abrasion 12 cm x 5 mm over left side of abdomen upper end 14 cm from umbilicus and lower end 14 cm away from umbilicus. v) Abrasion just above right ankle joint. In the opinion of the doctor the cause of death was due to asphyxia as a result of ante-mortem smothering. The deceased was found to be pregnant by 7-8 months.;