Om Prakash, J. - (1.)Present reference under Section 366 Cr.P.C. and Capital Case (Appeal) under Section 374 (2) Cr.P.C. have arisen assailing judgment and order dated 18.5.2018 passed by Additional Sessions Judge/Special Judge, E.C. Act, Jaunpur in Session Trial No. 384 of 2012 (State of U.P. Vs. Manoj Kumar), under Section 302 I.P.C., Police Station Baksha, District Jaunpur convicting and sentencing accused appellant for the offence under Section 302 IPC with death punishment and with a fine of Rs. 20,000/- and in the event of non payment of fine he has to go undergo two years' rigorous imprisonment.
(2.)Prosecution story in nutshell, as mentioned in the written report (Ext. Ka-1), are as follows:
(3.)On 3.10.2012, written report (Ext. Ka-1), was moved before the Superintendent of Police, Jaunpur by P.W.-1 Samarjeet, brother of deceased, mentioning therein that his sister Sushma Devi, deceased, aged about 26 years, was married on 10.5.2002 with accused appellant Manoj Kumar, resident of village Sarauli, Police Station Baksha, district Jaunpur. Manoj Kumar used to harass deceased and always asked for Motor Cycle in dowry. He also demanded additional dowry from deceased and used to beat her. Deceased, constantly complained this fact to the Informant and other family members but they persuaded her to stay there. Out of the aforesaid wedlock two daughters namely Madhu, aged about six years and Sandhya, aged about three years were also born. Accused appellant was habitual offender. He used to sell illegal arms and was convicted for that act for six months imprisonment. It is also mentioned that he was released before two months of the said incident. Deceased also advised accused appellant to leave illegal activities and earn livelihood by doing some job but accused appellant was causing cruelty to the deceased repeatedly.