MRS.REKHA DIXIT, J. - (1.) This appeal assails the correctness of the judgment and order dated 23.05.2011 passed by Additional Sessions Judge, Badaun, in 'State of U.P. v. Mukesh Kumar and Others'. The Additional Sessions Judge has convicted the appellant accused Mukesh Kumar and sentenced him to undergo life imprisonment under Section 302 I.P.C. and a fine of Rs. 15, 000/, in default, to undergo two years additional imprisonment.
(2.) Briefly stated, prosecution case against the appellant is that his marriage with Rama, sister of the informant Virender Pal was solemnized on 03.05.2009. The appellant and his family members demanded Hero Honda motorcycle, colour TV and a buffalo in dowry which could not be meted out by the family of Rama. The informant went to village Lalomai to bring his sister along with him but Mukesh, Amar Singh, Urmila wife of Sri Amar Singh, Sher Singh and Sunita wife of Sri Sher Singh refused to send her with him. On 19.10.2009, he came to know about the death of his sister Rama and immediately rushed to Lalomai along with his family members and some other villagers. When he reached there, he saw the dead body of his sister lying in a room in front of the door in the house of the appellant.
(3.) The informant Virendra Pal lodged the first information report scribed by Radhey Shyam. On the basis of the aforesaid written report, a case under section 498A/304B IPC and section 3/4 of Dowry Prohibition Act was registered on 19.10.2009 at 13.10 p.m. and the dead body of the deceased Rama was sent for post mortem to District Hospital, Badaun where it was examined by Dr. A.K. Gautam (PW 7) who proved the same Ex. Ka3. Ante mortem injuries mentioned in the postmortem report are as follows: (i) Incomplete ligature mark of size 24cm x 2cm over upper part of the neck, 2 cm below right ear, 7 cm below chin, 06 cm below from left ear, 9 cm below occipit gap of 7 cm between the ends of mark on right side back of neck. Under line tissue eccymosed and thyroid cartilage fractured. (ii) Abraded contusion 2.5 cm x 1 cm over lateral aspect of right elbow. (iii) Abraded contusion 3 cm x 2 cm over right side chest 7 cm below nipple. (iv) Several postmortem insect eaten marks present over front of the chest and abdomen and front of left thigh. ;