- (1.) The instant appeal is directed against the judgment and orders dated 4/5.12.2015 passed by Shri Sanjeev Faujdar, Additional Sessions Judge/Special Judge (P.C. Act), Court No.1, Bareilly in S.T. No.164/13, State Vs. Manik Sharma and four others, whereby the appellant was convicted under Sections 306/149, IPC and Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment of seven years with fine of Rs.20,000/-, rigorous imprisonment of one year with fine of Rs.20,000/- respectively, in default of payment of fine he has been further directed to undergo imprisonment of six months and three months respectively. Vide impugned judgment rest four co-accused have been acquitted.
(2.) Heard Shri N.I. Jafri, learned counsel for the appellant, learned AGA for the State-Respondent, Shri Rajeev Lochan Shukla, learned counsel for the complainant and perused the paper book.
(3.) Brief facts may be noted as below:- Smt. Vandana Sharma gave a written report at P.S. Subhash Nagar, Bareilly on 5.11.2007 stating therein that marriage of her younger sister Barkha Sharma was settled with Manik Sharma. The previous day on her residence engagement ceremony was scheduled at 10.00 a.m., but Manik Sharma, his mother Kiran Sharma, brother Paras Sharma, sister Chandni Sharma and Bhabhi Gudia alias Anupama Sharma declined to come for the ceremony till they got Rs.3,00,000/-. After persuasion by her father they agreed on receiving Rs.1,00,000/- and other articles. Only after that, engagement ceremony could be performed. While departing they clearly said that in case Rs.2,00,000/- were not given to them within a week, the engagement would stand terminated. Hearing that her sister became sad and wept. She had gone inside her room. At 10.00 a.m. on that day when door was opened, she was found hanged by ceiling fan. Her suicide note was found from her room. Report be lodged.;