By the Court.—The present Criminal Appeal has been filed by the appellant/accused against the judgment and order dated 18.10.2012 passed by Sri Mangal Prasad, Additional District and Sessions Judge (Court No. 7), Ghaziabad, in Sessions Trial No. 854 of 2009 (State v. Rajesh Jha) under Sections 498A, 304B, 120B I.P.C and Section 3/4 D.P Act, P.S Indirapuram, District Ghaziabad, whereby the appellant has been convicted under Sections 304B, 498A I.P.C and Section 4 D.P. Act and he has been, further, sentenced to undergo life imprisonment, three years simple imprisonment and Rs. 10000/- fine and, further, one year simple imprisonment and Rs. 5000/- fine respectively with usual order to undergo imprisonment of further three months and one month for default in payment of fine.

2. Briefly stated, the prosecution case is that on 22.3.2009 at 12:30 p.m. Krishna Madho Jha gave a written report Exihibit (Ka-1), addressed to S.O., Indirapuram, stating therein that his daughter (Anuradha) was married with Rajesh Jha on 13.6.2004. Immediately after the marriage, Rajesh Jha started to torture his daughter. He was alcoholic and took drugs. He used to, abuse his daughter for dowry and daily after taking liquor, beat her. His daughter gave birth to two children namely, Adi aged about three years and Bony aged about two years. His daughter thrice came to his house, leaving her marital home but each time Rajesh Jha, after apologizing and promising that he would not repeat such behaviour in future, took her back. Rajesh Jha informed him on phone that his daughter was no more, he reached at the spot at 11:00 a.m. and saw blood stains in one room and in the other room and dead body was lying. There were marks of hanging on her neck. He believed that Rajesh Jha had murdered his daughter. In the past Rajesh Jha used to threaten him that he would murder the first informant. Request had been made that after registering the report, legal action be taken.

3. On this report, chik F.I.R Exhibit (Ka-2) was scribed and Case Crime No. 621/09 was registered at P.S. Indirapuram and investigation was started inquest proceedings were held Exhibit (Ka-4), spot was inspected, witnesses were examined, post-mortem on the dead body was conducted Exhibit (Ka-3) and after completing the investigation charge-sheet Exhibit (Ka-11) against the present appellant was submitted. The Magistrate after taking cognizance and complying with the provisions of Section 207 Cr.P.C committed the case to the Court of Session.

4. In the Sessions Trial the accused was charged under Sections 498 A, 304 B and 120 B IPC and Section 4 of D.P. Act. The accused denied the charges and claimed to be tried. In support of the charges besides filing documentary evidence the prosecution had examined six witnesses namely, K.M Jha (PW1), Dr. Anil Prakash (PW2) Jai Prakash Yadav (PW3), Rahul Srivastava (PW4), Dinesh Kumar (PW5) and Dr. Ashok Kumar Goyal (PW6). After close of prosecution evidence statement of the appellant under Section 313 Cr.P.C was recorded. In the defence three witnesses were examined namely, Rajesh Jha (DW1), Deepak Yadav (DW2) and Dr. Nishar (DW3).

5. K.M Jha (PW1), has supported the version contained in the written report Exhibit (Ka-1) he has, further, disclosed the amounts spent by him on his married daughter on account of conduct of the present appellant. He has claimed and proved one paper to be written by the appellant and some endorsement made in English language by his daughter Exhibit (Ka-2).

6. Dr. Anil Prakash (PW2) is the Doctor who conducted post-mortem on the dead body of deceased Anuradha on 23.3.2009 at 01:00 p.m. He has proved the post-mortem report Exhibit (Ka-3) narrated the ante-mortem injuries and opined that the cause of death was smothering. The ante-mortem injuries recorded by the said witness are as under:

Abrasion 0.5 cm x 0.2 cm near right pinna.

Abrasion 0.5 cm x 0.5 cm on front surface of the (left) leg 20 cm below knee joint.

Contusion 2 cm x 2