JUDGEMENT
NALIN KUMAR SRIVASTAVA,J. -
(1.)The accused-appellant Badam Singh was convicted under Sec. 302 of IPC and sentenced for life
imprisonment with fine of Rs.50,000.00 with the stipulation of
default clause vide judgment and order dtd. 28/7/2016
passed by the Sessions Judge, Budaun in Sessions Trial No.
666 of 2015 (State Vs. Badam Singh) arising out of Case Crime No.361 of 2015, Police Station- Zarif Nagar, DistrictBudaun. Feeling aggrieved with the same, accused appellant
has preferred this appeal.
(2.)The brief facts culled out from the record are that on the basis of a written report submitted by the complainant at
Police Station- Zarifnagar, District- Budaun, a Case Crime
No.0361 of 2015 was registered in which averments were
made that Ram Bholi, daughter of the complainant, was
married to Badam Singh son of Chhote Lal (accusedappellant) as per hindu rites and rituals. After few days of
the marriage, a demand of motorcycle and buffalo was
raised as additional dowry. The said demand was told to the
informant by her daughter. When the informant inquired
about the said demand of additional dowry from the in-laws
of her daughter, they stated that if the informant fails to give
the Motorcycle & Buffalo, he would get his daughter back.
On 6/7/2015, Badam Singh, Devendra and Chhatrapal sons
of Chhote Lal, Rupa wife of Chhote Lal and Km. Santosh all
the accused persons strangled her to death. This information
was given telephonically to the informant by Ompal son of
Balister, resident of Dariyapur, police station Mujriya, who
lodged the F.I.R..
(3.)In pursuance of the aforesaid first information report, Investigating Officer, Umesh Kumar Yadav, Circle Officer,
Sahaswan, Budaun, took up the investigation and visited the
spot. Site-plan was prepared and inquest report was also
prepared. The body of the deceased was sent for post
mortem. Concerned doctor performed the autopsy and
prepared the post mortem report. I.O. recorded the
statements of witnesses. After completing the investigation,
I.O. submitted charge sheet against accused appellant. The
matter being triable by Court of Sessions was committed to
the Court of Sessions for trial.
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