- (1.) Heard Sri Shiv Pal Singh, learned Amicus Curiae on behalf of the appellant, Sri S.A.M. Zaidi, learned AGA for the State at length and perused the record.
(2.) This jail appeal has been preferred by convict - accused Heeralal son of Asharfi Lal against the judgment and order of conviction dated 31.07.2012 passed by the Additional Sessions Judge, Court No. 3, Lakhimpur Kheri in Sessions Trial No.1081 of 2009 arising out of Case Crime No.497 of 2007, under Sections 498 -A, 304 -B IPC and 3/4 Dowry Prohibition Act, Police Station Singahi, District Kheri, whereby the appellant has been sentenced, under Section 498 -A IPC, to two years rigorous imprisonment coupled with fine of Rs. 2,000/ -, in case of default, he would have to suffer two months' additional simple imprisonment. He has been further sentenced, under Section 304B IPC, to ten years' rigorous imprisonment coupled with fine of Rs. 5,000/ -, and in case of default, he would have to suffer six months' additional simple imprisonment. He has been further sentenced to one year's rigorous imprisonment coupled with fine of Rs. 2,000/ -, in case of default, he would have to suffer two months' additional imprisonment under Section 4 of the Dowry Prohibition Act. All the sentences shall run concurrently.
(3.) Brief facts of this case as discernible from record appears to be; that first informant Daya Ram son of Sri Bhagwan Deen resident of Bhedaura, P.S. Singahi, District Lakhimpur Kheri, lodged a written report at police station Singahi, District Lakhimpur Kheri on 04.12.2007 with accusation regarding dowry death of his sister Kanyawati who was wedded to Heeralal son of Asharfi Lal one year ago. For about 10 to 12 days, his sister and brother -in -law were missing from their house. His brother -in -law (appellant) used to work as driver in Batra's farm house. Today the informant came to know that the dead body of his sister was lying in the sugarcane field of Batra's farm. He suspects that his brother -in -law Heeralal has murdered his sister and has thrown her body in the sugarcane field because he used to demand dowry from her. Report be lodged and action be taken. This report is exhibit Ka -1.;