Anil Kumar Srivastava, J. - (1.) Heard Shri K.K. Tiwari, learned counsel for the appellant, learned A.G.A. and perused the record.
(2.) Instant appeal has arisen against the judgment and order dated 31.7.1997, passed by learned IIIrd Additional Sessions Judge, Lakhimpur Kheri in S.T. No.583/95, arising out of Crime No.46/95, State vs. Sukai, under Section 498-A, 306 IPC, Police Station Palia, District Kheri whereby the accused was convicted under section 306 IPC and sentenced to six years rigorous imprisonment and Rs.1000/- fine with default stipulation of six months imprisonment, under Section 498-A IPC sentenced to one and half year rigorous imprisonment and fine of Rs.500/- with default stipulation of three months imprisonment.
(3.) According to the prosecution version marriage of Guddi was performed with Sukai. Complainant Phool Chand is the uncle of the deceased. On 17.5.1995 he received an information that Guddi has died. Guddi had gone to the house of her 'phoopha'. She went with Sukai. Sukai brought her on the pretext that Ratan Lal is candidate of post of Pradhan. Sukai had beaten her due to which she died. Sukai was demanding a Yamaha Motorcycle and colour TV. First information report was lodged on 21.5.1995 under section 498-A, 304 B and 3/4 D.P. Act. Inquest proceedings were conducted on 18.5.1995. Postmortem was conducted. Viscera was preserved. After completion of the investigation, charge sheet was submitted against the appellant under section 498-A, 306 IPC. Accused was charged under section 306, 498-A IPC who denied charges and claimed trial.;