Anil Kumar Srivastava, J. - (1.) Heard Sri Raj Buksh Singh, amicus curiae for the appellant, Sri Sharad Dixit, learned AGA for the State.
(2.) Instant appeal has been preferred against the judgment and order dated 6.7.1996 passed by IVth Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.355 of 1989 arising out of Crime No.216 of 1987, under Section 364 IPC, relating to Police Station Dhaurahra, District- Kheri whereby the accused-appellant has been convicted and sentenced under Section 364 IPC for seven years' rigorous imprisonment and to pay a fine of Rs.2000/- with default stipulation of one year's rigorous imprisonment.
(3.) According to the prosecution, a written report was submitted by Kamta Prasad on 4.9.1987 at Police Station Dhaurahra, District-Kheri stating that he has married his daughter(Surja Kali) with accused- Dinesh five years ago. She was being tortured in her in laws house. She came to her parental house on 'Tiz of Sawan' and remained there 15 to 20 days. Thereafter, she was sent with the accused. After eight days when the complainant reached at in laws house of her daughter, he found that she did not reach there. Accused was found laundering all alone in Neemsar. On the basis of the written report, first information report was lodged. Investigation was entrusted to S.I Shiv Saran Singh. During investigation, statements of the witnesses were recorded. Site plan was prepared and charge-sheet under Section 364 IPC was submitted against the accused.;