Ram Surat Ram (Maurya), J. - (1.) Heard Sri Mohd. Kalim, for the appellants and A.G.A., for State of U.P.
(2.) This appeal has been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 6, Kanpur Nagar dated 13.10.2011, in S.T. No. 1435 of 2007, State of U.P. Vs. Neeraj and others (arising out of Case Crime No. 403 of 2007, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Barra, district Kanpur Nagar), sentencing the appellants for ten years rigorous imprisonment under Section 304-B IPC, two years rigorous imprisonment with fine of Rs. 5000/- under Section 498-A IPC and one year rigorous imprisonment with fine of Rs. 2000/- under Section 4 of Dowry Prohibition Act, 1961, with default stipulation.
(3.) On the complaint of Ram Shankar Dwivedi (PW-1), HC Baleshwar Prasad (PW-3) registered FIR of Case Crime No. 403 of 2007, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Barra, district Kanpur Nagar, on 11.08.2007 at 19.30 hours, against Neeraj, the husband, Jay Shankar Shukla, father-in-law, Smt. Dhunni, mother-in-law, Pankaj, devar and Asha @ Bholi, nanad of Sheelu (the deceased). It has been stated in the FIR that Sheelu was married to Neeraj, on 16.04.2006. At the time of tilak Rs. 21000/- and other things and at the time of marriage, the first informant and his relations had given Hero Honda motorcycle, television, fan, utensils, two rings and other domestic things to the appellants. He could not give Rs. 50000/- and one gold chain as demanded at that time. He had assured to give aforesaid things. After marriage, when his daughter came back on chauthi, then she informed her mother that the husband Neeraj, father-in-law Jay Shankar Shukla, mother-in-law Smt. Dhunni, devar Pankaj and nanad Asha @ Bholi were making complaint in respect of aforesaid demand. For non-fulfillment of dowry demand, they used to torture mentally and assault her. Several times they publicly insulted her. But he thought that he would satisfy their demand in due course and every thing would become right. Due to his financial problem, he could not satisfy their demand, due to which they used to regularly torture and assault his daughter. Today on 11.08.2007, Pappu Kushwaha, who has his flour mill shop, informed on telephone that his daughter had died. On this information, when he came to the house of his daughter, then he found her dead body there. No family member was present. They had also taken away most of the their goods.;