- (1.) The present criminal has been preferred against the judgment and order of conviction dated 23.12.2011 passed by Sessions Judge, Hamirpur in Case Crime No. 362 of 2007, S.T. No.224 of 2007, State Vs. Arun Kumar and others, police station Kurara, District Hamirpur, by which appellants are convicted under Sections 498A, 304-B I.P.C. and D.P. Act and awarded 10 years rigorous imprisonment for the offence under Section 304-B and also coupled fine of Rs.2000/- each under Section 304-B I.P.C. and also awarded one year rigorous imprisonment for the offence under Section 498A coupled with fine of Rs.1,000/- each and also awarded one year rigorous imprisonment for the offence under Section D.P. Act coupled with fine of Rs.1,000/- each and in case of default of payment of fine, appellants to undergo one year additional rigorous imprisonment.
(2.) The prosecution case in brief is that the informant, namely, Munni Lal, son of Bhura, resident of village Kapil, police station Jahanabad, District Fatehpur lodged an FIR on 3.6.2007 at police station Kurara, District Hamirpur stating therein that he has solemnized the marriage of his daughter, namely, Arti on 17.5.2006 according to Hindu rites and tradition with Arun Kumar, son of Daya Ram, resident of Shankarpur, police station Kurara, District Hamirpur. After four days of the marriage, an additional demand of Rs.50,000/- and one motorcycle was being from his daughter by her husband, father-in-law, mother-in-law, jeth and devar, for which they started her treating cruelly and tortured her continuously. When the daughter of the informant had come to his house, she informed about her harassment and torture by her in-laws and asking her to bring Rs.50,000/- and a motorcycle to them, otherwise she would be done to death. When the said fact was told by the daughter of the informant to him, then he went to her husband, father-in-law, mother-in-law, jeth and devar at village Shankarpur and tried to pacify them along with one Manoj Kumar, son of Murli Prasad, resident of Mohalla Chandagali Jahanabad, police station Jahanabad, District Fatehpur and Rajesh, son of Heera Lal, resident of village and post Gujela, police station Sajeti, District Kanpur Nagar also went on 20.5.2007 and met his daughter in her in-laws house at village Shankarpur, where her daughter in the presence of Manoj Kumar and Rajesh reiterated the harassment made by her in-laws for a demand of Rs.50,000/- and a motorcycle from her parents, failing which she was threatened for dire consequences of her life. On the said date also, the informant tried to pacify the husband-Arun Kumar, mother-in-law Ramkali, father-in-law Dayaram, jeth Arvind Kumar and devar Ajay Kumar and their other relatives at their house, but they did not pay any heed on his request. When the informant returned to his house and failed to fulfill the additional demand of Rs.50,000/- and one mothrcycle, then the in-laws of her daughter in a pre-planned manner on 21.5.2007 had done the deceased to death for want of dowry.
(3.) The FIR was registered on the written report given by the informant on 3.6.2007 at 10.45 a.m., which was registered as Case Crime No.362 of 2007, under Sections 498A, 304B I.P.C. and Section D.P. Act against the accused persons, i.e., husband-Arun Kumar, mother-in-law Ramkali, father-in-law Dayaram, jeth Arvind Kumar and Devar Ajay Kumar. Reference of the registration of the FIR was also endorsed in the G.D. No.15 at 10.45 a.m. The written report was also marked as Ex.Ka.-1.;