HEM RAJ Vs. STATE OF U.P.
LAWS(ALL)-2015-11-7
HIGH COURT OF ALLAHABAD
Decided on November 03,2015

HEM RAJ Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

GURMUKH SINGH VS. STATE OF HARYANA [REFERRED TO]
SUMER SINGH VS. SURAJBHAN SINGH [REFERRED TO]


JUDGEMENT

- (1.)Present Criminal Appeal is directed by the appellant Heam Raj against the judgment and order dated 16.12.2010 passed by the Additional Sessions Judge/Fast Track Court No. 1, Bareilly in Sessions Trial No. 93 of 2004 (State Vs. Heam Raj) pertaining to crime no. 682 of 2003, Police Station Baheri, district Bareilly whereby the court below has convicted and sentenced the accused appellant for the offence under Section 304-B IPC to undergo 10 years' rigorous imprisonment and for the offence under Section 3 Dowry Prohibition Act to undergo 5 years' rigorous imprisonment and fine of Rs. 15,000/- and for the offence under Section 4 Dowry Prohibition Act one year rigorous imprisonment and fine of Rs. 5,000/-. In default of payment of fine to undergo additional imprisonment was also ordered by the trial court.
(2.)Prosecution story in nutshell is unfolded in the chik F.I.R. as follows :
(3.)Written report dated 11.9.2003 (Ext. Ka-1) was moved at police station concerned by the informant Natthu Lal with the prayer that his daughter was married with the accused appellant before one and half year of the date of incident. After few days of the marriage accused started demanding colour T.V., motor cycle and cash as additional dowry from the deceased and also started causing cruelty and harassment in that connection. Deceased (daughter of the informant) had made complaint on several occasions in this respect to the applicant. Informant had also requested on many occasions to the accused appellant that he is unable to fulfil the demand but the accused appellant did not stop causing cruelty and harassment. On 10.9.2003 brother of the accused appellant came at the house of the informant and stated that deceased (daughter of the informant) is ill. On this, informant along with his wife, younger daughter and his brother-in-law (Sala) Nand Lal reached at the in-laws house of the deceased at about 9 P.M. and saw the dead body of the deceased in the court yard of the house. Mother-in-law of the deceased and the villagers were present there. It was also mentioned in the written report that deceased was done to death by the accused appellant by giving her poisonous substance due to non fulfilment of the demand of dowry.


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