VIJAYBHAN AND 2 OTHERS Vs. STATE OF U P
LAWS(ALL)-2017-5-594
HIGH COURT OF ALLAHABAD
Decided on May 19,2017

Vijaybhan And 2 Others Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Om Prakash, J. - (1.) This criminal appeal has been preferred by the accused/ appellants against the judgement and order dated 2.12.2013 passed by the Additional District & Sessions Judge, Court No.4, Kaushambi in Session Trial No. 710 of 2009 (State vs. Vijaybhan and two others) convicting and sentencing the appellants for the offence punishable under Section 498-A IPC for one year rigorous imprisonment and a fine of Rs. 5,000/- each, for the offence punishable under Section 304-B IPC for ten years rigorous imprisonment and for the offence punishable under Section 3/4 of the Dowry Prohibition Act for three months rigorous imprisonment and Rs. 5,000/- fine to each. All the sentences have been directed to run concurrently.
(2.) The facts of the case, as unfolded by the informant Buddun Lal son of Ram Khelawan in the First Information Report (in short 'F.I.R.'), are that in July, 2008, the informant had married his daughter Kaushilya with Vijaybhan son of late Ram Bhajan resident of Village Kathra, Police Station Charwa, District Kaushambi according to hindu rites and rituals. At the time of marriage, he had given sufficient dowry as per his capacity but the husband and in-laws of his daughter were not happy with the same and were demanding additional dowry in the form of a Motorcycle and Rs. 40,000/- in cash. Due to non-fulfillment of the said demand, daughter of the informant was subjected to cruelty and harassment by Vijaybhan (husband), Bahiri (mother-in-law), Chandrabhan (devar), Anita (nanand), Prem Kumar (chachiya sasur) and Devraj (ajiya sasur). She used to tell about her torture to the informant and his family members. On 7.8.2009 at about 6.30 p.m. with the intention to kill her, the above persons poured kerosene on her and set her ablaze due to which she received severe burn injuries. She was brought to Dr. Verma Ambedkar Clinic, Tilhapur Mod but looking to her serious condition, she was brought to Swaruprani Medical Hospital, Allahabad by the informant and others where during treatment she succumbed to her injuries on 8.8.2009.
(3.) On the basis of the written report (Ext. ka-2), chik First Information Report (Ext. Ka-8) was registered at Police Station concerned on 9.8.2009 at 12.45 p.m. mentioning all the details as had been described in Ext. Ka-.2. G.D. entry was also made at the same time.;


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