Point of Law: Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended her life in suspicious circumstances wherein injury no. (2) Inflicted on her forehead suggesting some violence soon before her death.

JUDGMENT :

DINESH PATHAK, J.

1. Heard learned counsel for the appellant and Shri O.P. Mishra, learned A.G.A. for the State.

2. The instant jail appeal has been preferred by the accused-appellant challenging the judgment and order dated 30.11.2018 passed by the Additional District Judge/Fast Track Court (created by XIVth Finance Commission), Kanpur Nagar in Sessions Trial No. 529 of 2015 (State vs. Deepak and Others) convicting the present appellant under Section 498-A IPC sentencing him to undergo three years imprisonment along with fine to the tune of Rs. 5000/- and in case of default thereof, he was further to undergo three months additional imprisonment and under Section 304-B IPC sentencing him to undergo eight years imprisonment. He was also convicted under Section 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as “D.P. Act”) and sentenced to undergo one year imprisonment along with fine to the tune of Rs. 5000/- and in case of default thereof, he was further to undergo three months additional imprisonment. All the sentences were directed to run concurrently.

3. An First Information Report (hereinafter referred to as “FIR”) had been lodged by the informant namely Deena Nath (PW-1) with respect to dowry death of his daughter, who was allegedly killed by her in-laws. As per F.I.R. version, marriage of informant’s daughter was solemnized with Deepak (accused/appellant herein). At the time of marriage, he had given Rs. 1 lakh cash as well as goods worth Rs. 1 lakh. That apart, he had given one golden chain and golden ring to the groom, but in-laws of his daughter were not satisfied with the dowry. Husband (Deepak), father-in law (Dinesh alias Tota Ram), mother-in-law (Sunita), brother-in-law (Anshu) and sister-in-law (Rekha W/o Anshu) of his daughter used to physically and mentally torture her for want of motorcycle and cash amounting Rs. 50,000/-. Due to non-fulfillment of their demand of dowry, they used to beat her up. In-laws of his daughter had attempted several times to kill her, who used to tell her ordeal to her parents. On 22.11.2014, her in-laws kicked her out from their house, later on, when relatives intervened in the matter, they permitted her to enter the house on 20.05.2015, but she was throughout subjected to cruelty. On 12.06.2015 at about 12:30 hours, police informed him about his daughter’s death. After reaching there, he came to know the entire facts. The informant believed that five accused, as mentioned above, had hanged his daughter to death due to non-fulfillment of their demand of dowry.

4. In this backdrop, PW-1 had filed a written report dated 12.06.2015 (Exhibit Ka 1) with respect to the death of his daughter. Aforesaid written report was endorsed in General Diary (Exhibit Ka 10) and on the basis thereof, an F.I.R. Dated 12.06.2015 (Exhibit Ka 9) was registered, at about 19:00 hours, as Case Crime No. 0449 under Sections 304-B, 498-A IPC and 3/4 of the D.P. Act, accusing five persons namely, Deepak (husband of the deceased/victim), Dinesh alias Tota Ram (father-in-law), Sunita (mother-in-law), Anshu (Jeth) and Rekha (sister-in-law) respectively.

5. As per Inquest Report dated 12.06.2015 (Exhibit Ka 2), there was no sign of injury on the dead body of the deceased except a ligature mark on the right side of the neck. Aforesaid report was prepared and signed by Pramesh Srivastava, Tehsildar (PW-4). Forensic Field Unit, Cantt. Kanpur Nagar had inspected the site of occurrence and submitted a report dated 12.06.2015 (Exhibit Ka 11). Aforesaid report was proved by Vinod Kumar (PW-9), Chief Scientist, Forensic Science Laboratory.

6. Dr. Anil Nigam (PW-5) has proved Post Mortem Report dated 13.06.2015 (Exhibit Ka 7). In the Post Mortem Report, cause of death has been shown asphyxia due to ante mortem injury. Two external injuries had been shown on the body, which are as under:

(i) Ligature mark 30 cm x 2 cm around the neck, with 7 cm gap right side back of neck. Distance 5 cm below chin, 6.5 cm below le