- (1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgement and order dated 28.5.2010 passed by Sri Shrikant Verma, Additional Sessions Judge, Court no.6, Pilibhit, whereby appellant was convicted under? section 498-A I.P.C to undergo rigorous imprisonment for 3 years and to pay fine of Rs.5,000/- and in default of payment of fine to undergo for six months simple imprisonment and was further convicted and sentenced under section 304-B I.P.C to undergo ten years rigorous imprisonment and under section 3/4 D.P Act I.P.C to undergo rigorous imprisonment of one year and to pay fine of Rs.2000/- in default whereof to undergo rigorous imprisonment of two months. All the sentences were directed to run concurrently.
(2.) In the present appeal, facts of the prosecution case may be summarized as under: That on 26.7.2009 at 4.00 p.m. Jan Mohammad gave a written report at police station Sheharamau North, district Pilibhit stating therein that he had married his sister Maljahna three years ago with Sahabuddin and gave dowry according to his status. After marriage his brother-in-law used to demand one motorcycle, two buffaloes in the dowry. When his demand could not be fulfilled, he used to torture his sister Smt. Maljahna. Whenever, his sister came to her mayaka, she used to convey her complaint about the behavior of her husband. Though he and other relatives talked with Sahabuddin not to demand more dowry but on 26.7.2009 at 8.30 a.m his brother-in-law beat his sister and murdered her by giving poison. After receiving the information he came to Sasural of her late sister where her dead body was lying. Action was requested.
(3.) At this, Chick F.I.R was scribed, case crime no.262 of 2009, under sections 498A, 304-B I.P.C and D.P. Act was registered, requisite entry was made in the report of the general diary and investigation was entrusted to Suresh Chandra Rawat,Circle Officer, Pooranpur. Postmortem was conducted. After investigation, charge sheet was submitted against the appellant. He was charged by the Court of Session under the aforesaid sections which he denied. He was tried, convicted and sentenced as above.;