- (1.) Appellant Praveen Kumar Pandey @ Babua has challenged judgment and order of conviction dated 31.8.1998 passed by VIth Additional Sessions Judge, Lucknow in Session Trial No.12 of 1987 State versus Praveen Kumar Pandey @ Babua and others whereby and hereunder the appellant was found guilty under section 498-A and 306 IPC and is sentenced to undergo rigorous imprisonment for a period of one year under Section 498-A of IPC, to undergo rigorous imprisonment for a period of three years under Section 306 IPC.
(2.) Brief facts giving rise to the present appeal are narrated as follows:- One Geetu, sister of Dayal Lakhani, the complainant was married four years back to the accused/appellant. The family of the deceased and the appellant are resident of same locality i.e. Kaiser Bagh, Lucknow. The marriage of deceased with the appellant took place just four years back. At that time accused-appellant used to live in Bombay. Appellant has also his parental house at Lucknow which is situated near the house of the complainant. After the marriage, the appellant with other family members started harassing, maltreating and beating deceased on account of non fulfilment of demands of dowry. Despite all efforts, the attitude of the appellant towards the deceased went from bad to worse. on 31.8.1985 at about 3.30 A.M. in the previous night, the mother of the appellant came to the house of complainant and informed about the incident of burn of deceased and also communicated that she has been taken to hospital. The family members of the deceased went to the hospital. During treatment she died due to burn injuries. In the written report Ex.K-1, which was communicated to the police station, it was narrated by the brother of deceased, complainant, that just after solemnization of the marriage, the deceased was continuously harassed, maltreated and beaten by the appellant for demand of dowry and also to bring money from the parental house. On this information, the first information report was lodged and panchayatnama Ex.K-2 was prepared. After preparation of panchayatnama, police sent the body of deceased to the Chief Medical Officer for post mortem and the body was taken to mortuary for anti mortem injury. During investigation, the investigating officer found that it was a case of torture for demand of dowry and also enforcing the deceased to commit suicide. The case was committed to the court of session where charges were levelled against the appellant under Section 498-A and 306 IPC for which he pleaded not guilty and stated for trial. The court of Additional Session Judge vide order impugned dated 31.8.1998 found the appellant guilty under Section 306 and 498-A IPC and convicted and sentenced as above.
(3.) Aggrieved by the order, this appeal has been preferred on the following grounds:- (i) That the impugned order of conviction is unjust, illegal and inequitable. (ii) That the marriage of the deceased with the appellant, being a love marriage, there could be no demand of dowry and the trial court erred in holding that the deceased was treated with cruelty for the demand of dowry. (iii) That the prosecution evidence rests on the testimony of highly interested witnesses who are also inimical to the appellant. There is no independent corroboration of the prosecution case. (iv) That there is no evidence that the accused-appellant had ever abetted his wife to commit suicide. (v) That the conviction and sentence to the appellant was based on conjecture and surmises and is liable to be set aside. ;