Surendra Vikram Singh Rathore, J. - (1.) Shri Jay Narayan Pandey, learned counsel for the appellant, and Shri Dharmendra Singh, learned AGA for the State were heard at length.
(2.) Under challenge in the instant appeal is the judgment and order dated 14.06.2013 passed by Additional Sessions Judge, Court No. 16, Lucknow, in Sessions Trial No. 561 of 2010 arising out of Case Crime No. 9 of 2010, Police Station Nagram, Lucknow, whereby the present appellant Surendra Kumar was convicted and sentenced as under: - - "(a) Under Sec. 498 -A IPC - Two years' rigorous imprisonment and fine of Rs. 4,000/ - with default stipulation of two months' additional rigorous imprisonment. (b) Under Sec. 304 -B IPC - Imprisonment for life. (c) Sec. 4 of Dowry Prohibition Act - One year's rigorous imprisonment and fine of Rs. 2,000/ - with default stipulation of one month's additional rigorous imprisonment." All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution was that the complainant Raghuvar lodged a first information report at police station Nagram, District Lucknow on 21.01.2010 at 11.30 AM alleging therein that his daughter Sarojani Devi was married about 4 years prior to her death with appellant Surendra Kumar. After marriage, the appellant used to treat his daughter with cruelty in connection with demand of dowry. A demand of motorcycle was being pressed. On 21.01.2010 at about 08.00 AM, he got an information that because of demand of motorcycle in dowry his daughter has been killed by appellant Surendra Kumar. On the basis of this information, the case was registered. The investigation proceeded and after completing the necessary formalities, the dead body of the deceased was sent for postmortem, which was conducted on 22.01.2010 at 01.30 PM. According to the postmortem report, the duration of death was about one day and the following ante -mortem injuries were found on the body of the deceased: - - "(i) Abrasion 3 cm x 1 cm in front of left side of face 2 cm below left eye. (ii) Multiple abrasions in an area of 12 cm x 8 cm on back chest above sacral region." The cause of death could not ascertained. Hence, viscera was preserved. Viscera examination report of the deceased was also procured and in viscera, endosulphan insecticide poison was found.;