Rajiv Lochan Mehrotra, J. - (1.) Heard Sri Ajay Kumar Barnwal, learned counsel for the appellants, learned A.G.A. for the State and perused the record.
(2.) The judgment and order dated 15.02.2011 passed by Additional Sessions Judge, Court no. 3, Ghazipur in Sessions Trial No. 51 of 2010 arising out of Case Crime No. 872 of 2009 convicting each of the appellant for two years rigorous imprisonment and a fine of Rs.2,000/- under Section 498-A IPC, ten years rigorous imprisonment under Section 304-B IPC, one year rigorous imprisonment and a fine of Rs.1,000/- under Section 201 IPC and one year rigorous imprisonment and a fine of Rs.5,000/- under Section 4 of D.P. Act is under challenge in the instant criminal appeal.
(3.) Brief facts of the case are that on 4.08.2009, complainant Buddhu Yadav moved an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Ghazipur with the averments therein that the marriage of his daughter Reeta Devi(hereinafter referred to as 'deceased') was performed with Prem Pal nearly two years ago. Sufficient dowry was provided in the marriage but the accused persons were insisting upon to provide a Hero Honda motorcycle also. A panchayat was also held in the matter and on initiation of panchayat, the accused persons became ready to forgive their demand of motorcycle. On 31.07.2009, the deceased was killed by the accused persons and thenafter without informing the members of her natal family, they performed the funeral proceedings. The mediator of the marriage Ram Daras informed the complainant about the death of Reeta and thenafter the complainant reached at the funeral place but the accused persons present there did not tell him the cause of death. Complainant approached the local police for lodging of the report of the said incident in time but his report was not lodged. Thereafter, an application to Superintendent of Police was also moved but no heed was paid by him also. Ultimately, the complainant moved an application before the Chief Judicial Magistrate with the aforesaid averments.;