- (1.) Present appeal has been filed by the appellant Dinesh against the judgment and order dated 30.8.2011 passed by Additional Sessions Judge / Special Judge (E.C. Act), Etah in Sessions Trial No.407 of 2004 (State Vs. Hoti Lal and others) under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, P.S. Kasganj, District Etah pertaining to case crime no.339 of 2003 whereby the learned trial Court has convicted and sentenced the accused-appellant for the offence under section 498-A IPC to undergo three years rigorous imprisonment and a fine of Rs.1000/-, for the offence under section 304-B IPC to undergo ten years rigorous imprisonment and for the offence under section 4 of the Dowry Prohibition Act to undergo two years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, appellant was directed to undergo additional imprisonment.
(2.) Prosecution story, in brief, is as follows : On 28.10.2002, one Arun Kumar Singh (P.W.4) son of Ajay Pal Singh resident of mohalla Chitragupt, Kasganj informed the local police through an application Ex.Ka.-5 that in front of his house, there is the house of Hoti Lal, washer man. Hoti Lal and his family members had gone to the Ghat for washing the clothes. On the day of incident, at about 9:00 A.M. in the morning, P.W.4 saw the smoke coming out from the house of Hoti Lal, whereupon P.W.4 and other persons of the locality reached at the house of Hoti Lal and saw that Geeta Devi, aged about 20 years, wife of Dinesh and the daughter-in-law of Hoti Lal, had committed suicide.
(3.) This information was entered into G.D. (Ex.Ka.-8) vide Rapat No.27 dated 28.10.2002 at 11:45 A.M. S.S.I. Yogendra Pal Singh along other police personnel reached at the spot and prepared the inquest report (Ex.Ka.-11) on the same day at 4:30 P.M. He also prepared the police papers viz. challan nash (Ex.Ka.-13), letter to C.M.O. (Ex.Ka.-14), photo nash (Ex.Ka.-15) and sample seal. Keeping the dead body of the deceased in a sealed cloth, it was sent for postmortem through the constables.;