BADAM SINGH Vs. STATE OF U. P.
LAWS(ALL)-2022-12-89
HIGH COURT OF ALLAHABAD
Decided on December 14,2022

BADAM SINGH Appellant
VERSUS
STATE OF U. P. Respondents




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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