MANIK CHANDRA Vs. STATE OF U.P.

LAWS(ALL)-2018-5-837

HIGH COURT OF ALLAHABAD

Decided on May 31,2018

MANIK CHANDRA Appellant

VERSUS

STATE OF U.P. Respondents

JUDGEMENT

B.K.NARAYANA,J. - (1.) The arguments of this case concluded on 31.05.2018.
(2.) We then passed the following order :- "Heard Sri Noor Mohammad, learned counsel for the appellant and Sri J.K. Upadhyay, learned A.G.A. for the State. We will give reasons later. But we make the operative order here and now. This criminal appeal is allowed. The impugned judgement and order 16.04.2014 passed by Additional Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 677 of 2010 (State Vs. Manik Chandra and others) by which the appellant, Manik Chandra has been convicted and sentenced to imprisonment for life together with fine of Rs. 40,000/- under Section 302 I.P.C. and in default of payment of fine two years additional rigorous imprisonment, are hereby set aside. The appellant, Manik Chandra is acquitted of all the charges framed against him. He is reported to be in jail. He shall be released forthwith, unless he is wanted in some other case subject to his complying with the mandatory provisions of Section 437-A Cr.P.C."
(3.) Here are the reasons :- Briefly stated the facts of this case are that P.W.1 Ram Singh, son of Chunni Singh, resident of Virsua, P.S.- Dholna, Kashiramnagar gave a written complaint (Ext.Ka.1) to S.H.O., P.S.- Gangiri, District- Aligarh on 13.10.2009 at about 16:30 hours stating therein that marriage between his daughter Ramwati and accused-appellant, Manik Chandra, son of Chandrapal, resident of Ramnagar Bhilet, P.S.- Gangiri, District- Aligarh, was solemnized on 28.02.2009. He had spent a sum of Rs. 2,50,000/- at the time of the marriage out of which Rs. 2,10,000/- was paid by him to Manik Chandra in cash from which he had purchased a Maruti Van but his daughter's husband- Manik Chandra, brothers-in-law (jeth)- Ravendra and Ompal, father-in-law- Chandrapal, mother-in-law- Bhudevi, sisters-in-law (jethani)- Savitri and Samlesh, daughter of Ravendra- Girija Kumari, sisters-in-law (nanad)- Seema and Mamta, son of Kehri- Shilendra, maternal uncle of Manik Chandra- Murli, resident of Ishepur, P.S.- Dholna etc., were not satisfied with the dowry given to them at the time of the marriage and they were demanding motorcycle, buffalo etc. as additional dowry. However, since P.W.1 Ram Singh could not fulfill the aforesaid demands of additional dowry, the accused after strangulating his daughter Ramwati to death, tried to dispose of her dead body by putting it in a Maruti Van but they were seen by Mamta, wife of Sanju and other villagers on which they ran away in their Maruti Van. Information about the death of his daughter Ramwati was given to him on his mobile by the villagers. On receiving the aforesaid information, he came to the house of accused in a tractor along with large number of his villagers but by the time he reached there, the accused had fled. On the information given by the Gram Pradhan to P.S.- Gangiri, the police arrived at the place of occurrence. The incident was witnessed by Ratan Singh, son of Ram Singh and Rajvir, son of Jhanu Singh, residents of Virsua. On the basis of written complaint of the incident (Ext.Ka.1), Case Crime No. 260 of 2009 u/s 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act was registered on 13.10.2009 at P.S.- Gangiri, District- Aligarh against the accused-appellant Manik Chandra, his brothers- Ravendra Singh and Ompal, his father- Chandrapal, his mother- Bhudevi, sisters-in-law- Savitri and Samlesh, Ravendra's daughter- Girija Kumari, his neice- Seema and Mamta, Kehri's son- Shilendra and maternal uncle of Manik Chandra- Murli. Check F.I.R. (Ext.Ka.5) and corresponding G.D. Entry vide rapat no. 32 time 16:30 hours (Ext.Ka.6) were prepared on the same day by P.W.4 Constable 581- Rampal Singh.;

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