- (1.) The instant Criminal appeal has been preferred challenging the judgement and order of conviction dated 05.03.2004 passed by Additional Sessions Judge (Fast Track Court), Sonbhadra in Session Trial No. 107 of 2001 arising out of Case Crime No. 244 of 2001, P.S. Robertsganj, District Sonbhadra, awarding the sentence under Section 307 I.P.C. for life imprisonment with fine for a sum of Rs. 1,000/-, under Section 4 of Dowry Prohibition Act two years rigorous imprisonment with fine for a sum of Rs. 1,000/- in default six months additional imprisonment, and further directed to run the sentence concurrently.
(2.) Mr. Ravi Shankar Prasad, learned Advocate appeared on behalf of appellant, Mr. Chandrajeet Yadav, learned A.G.A. appeared on behalf of State.
(3.) Prosecution case in brief is that on written complaint made by Vijay Pratap Pandey S/o Late Sri Uma Shankar Pandey, R/o Gajraj Nagar (Villi) Obra, P.S. Obra, District Sonbhadra. F.I.R. was lodged and registered at Case Crime No. 244 of 2001, under Sections 498A, 307, 323 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Robertsganj, District Sonbhadra. F.I.R. is exhibited as Exhibit Ka.5. As per F.I.R. version informant Vijay Pratap Pandey S/o Late Sri Uma Shankar Pandey R/o Gajraj Nagar (Villi) Obra, Post Office and P.S. Obra, District Sonbhadra, his daughter was married on 05.05.1999 to appellant Sunil Kumar Deo Pandey S/o Sri Ramesh Deo Pandey, R/o Village Karari, P.S. Robertsganj, District Sonbhadra and after marriage he started torturing his daughter and he was pressurizing her to demand money from her father (informant) for opening the medical shop. Since the demand could not be fulfilled by the informant, on 02.06.2009 in the morning at about 9:00 a.m. he assaulted and slit her neck with sharp edged weapon, who received severe injury on her neck and other injuries on the other part of the body. Hence, request was made to register the report against her husband Sunil Kumar Deo Pandey for appropriate steps. The F.I.R. was lodged after two days of the incident i.e. 04.06.2001 at about 06:10 a.m. She was taken to hospital by her father-in-law and other persons, for medical aids, where she was examined by the medical officer on the same day i.e. on 02.06.2001 at 09:45 a.m. The injuries noted by the doctor is Incised wound 8.0 cm x 2.5 cm x muscle deep on front of neck just below thyroid cartilage. Injury is horizontal cutting through skin, platysma, trachea sharply. Margins are clean cut. Bleeding profusely. As per opinion of the doctor the injury was caused by sharp weapon and duration was fresh. Her written statement was recorded as dying declaration before the Magistrate concerned CW1 Sri Shiv Singh in between 01:15 p.m. to 01:45 p.m. in presence of the doctor as she was not in a position to speak properly due to neck injury. The statement was proved and exhibited as Exhibit Ka.8. She was referred from Robertsganj hospital to Heritage Hospital, Varanasi and she was got admitted there.;