AJAI TYAGI
Upendra Kumar Tripathi @ Neeraj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal has been preferred by the appellant against the judgment and order dated 23.12.2019, passed by learned Additional Sessions Judge, Court No.19, Kanpur Nagar, in S.T. No.722 of 2013 (State of UP vs. Upendra Kumar Tripathi) arose out of Case Crime No.102 of 2013, under Sections 498A, 304B IPC & Section 4 of Dowry Prohibition Act, 1961, Police Station-Panki, District-Kanpur Nagar.
2. The relevant facts for disposal of this appeal are that complainant-Santosh Kumar Dixit (father of the deceased) lodged FIR at Police Station-Panki, Kanpur Nagar, stating that the marriage of his daughter Ruchi @ Aradhna (deceased) with Upendra Kumar @ Neeraj (appellant) s/o late Rampal Tripathi was solemnized on 24.2.2012. He gave dowry in the marriage as decided, but Neeraj and his family members were not satisfied with the dowry so they started torturing his daughter and demanded four-wheeler and Rs.one lakh as additional dowry for which they used to give mental and physical torture to his daughter. They also stopped her daughter to contact with her father and mother. Upendra, her sister Poonam and Poonam's husband used to beat her. In December, 2012, Ruchi gave birth to a daught
Jameel vs State of UP (2010) 12 SCC 532
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State of Punjab vs Bawa Singh, (2015) 3 SCC 441, and Raj Bala vs State of Haryana
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'Reformative theory of punishment' is to be adopted and for that reason, it is necessary to impose punishment keeping in view the 'doctrine of proportionality'.
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