JUDGEMENT
HARSH KUMAR,J. -
(1.)The instant Criminal Appeal has been filed against judgment and order of conviction passed by Sessions Judge, Auraiya in Sessions Trial No.52 of 2015 (State Vs. Dharmendra Kumar), Case Crime No.16 of 2015 under Sections 498A, 304-B and 302 I.P.C. and Section 4 D.P. Act P.S. Phaphund District Auraiya whereby the Sessions Judge acquitted the appellant of the charges under Sections 498-A, 304-B I.P.C. and Section 4 D.P. Act and convicted him for the offence under Section 302 I.P.C. and sentenced with life imprisonment and fine of Rs.20,000/- and in case of default in payment of fine with rigorous imprisonment for an additional period of one year.
(2.)The brief facts relating to the case are that Vikram Singh lodged F.I.R. at P.S. Phaphund on 9.1.2015 at 8.3.0 a.m. against appellant and 5 members of his family with the averment, that "he had solemnized marriage of his sister Laxmi hereinafter referred as "deceased" with appellant Dharmendra Kumar on 21.4.2008 with all dowry according to his capacity but thereafter she was being harassed and treated with cruelty for non-fulfillment of demand of a motorcycle and gold chain and on 8.1.2015 her husband Dharmendra Kumar, Sasur Ram Dayal, two Jeths Sunil and Anil, Sas Shanti Devi and Nanad Rani harassed her and after committing marpeet at about 4.00 p.m. strangulated her to death". On the F.I.R. Case Crime No.16 of 2015 was registered at police station Phaphund and during investigation, after preparing inquest report, getting the postmortem of body of deceased conducted, preparing site plan and collecting evidence, the Investigating Officer submitted charge sheet only against appellant Dharmendra Kumar, husband of deceased. The C.J.M. after taking cognizance of the offence committed the case to sessions and the Sessions Judge on 11.4.2015 framed charges against appellant under Section 498-A, 304-B I.P.C. and Section 4 D.P. Act and on 14.5.2015 framed alternate charge against him on 14.5.2015 under Section 302 I.P.C. for causing death of his wife Smt. Laxmi by strangulation. The accused appellant denied the charges and demanded trial.
(3.)The prosecution in order to prove its case produced Vikram Singh, first informant the brother of deceased as P.W.-1, Santosh Kumar relative of deceased as P.W.-2, Sarvesh, brother of deceased as P.W.-3, Shiv Kumar Chacha of accused as P.W.-4 and Panchilal neighbour of deceased as P.W.-5, all of whom did not support prosecution case and were declared hostile. After completion of prosecution evidence Dr. Sushil Yadav who conducted postmortem examination of body of deceased, was summoned and examined as C.W.-1. Thereafter statement of accused was recorded under Section 313 Cr.P.C. wherein he stated that "deceased, his wife Laxmi was suffering from fits of epilepsy due to which she was mentally disturbed and on the day of incident she committed suicide in his absence". The accused appellant produced Harish Chand and Subhash Chand as D.W.-1 and D.W.-2 in his defence. The trial court after hearing parties counsel, perusal of record and analization of evidence on record passed impugned judgment and order of conviction, hence this appeal.
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