JUDGMENT :

1. Heard the arguments of learned counsel for the appellant and learned A.G.A. for the State and perused the record.

2. This Appeal has been preferred against the order and judgment dated 23.12.2016 passed by Additional Sessions Judge (F.T.C.), Court No.03, Bulandshahr in S.T. No. 403 of 2015, Neeraj alias Kalua Vs. State of U.P. arising out of Case Crime No. 186 of 2015 convicting and sentencing the appellant under Section 498-A I.P.C. for two years’ imprisonment with fine of Rs. 5,000/-, in case of default, four months’ additional imprisonment; under Section 304B I.P.C. for 10 years’ imprisonment; under Section 201 I.P.C. for two years’ imprisonment with fine of Rs. 5,000/-, in case of default, four months additional imprisonment; under Section 3 of Dowry Prohibition Act for five years’ imprisonment with fine of Rs.15,000/-, in case of default, one year additional imprisonment; under Section 4 of Dowry Prohibition Act for one year imprisonment with fine of Rs. 3,000/-, in case of default, two months’ additional imprisonment. All the punishments were directed to run simultaneously.

3. Brief facts of the case are that complainant, Mahesh has lodged First Information Report in Police Station, Kotwali Dehat, District Bulandshahr stating therein that her daughter Shikha, aged about 22 years, got married on 13-11-2013, with Neeraj S/o Murari, Village Akhtiyarpur, District Bulandshahr with Hindu rituals in which he gave articles, jewellery, clothes, motorcycle, etc. in dowry as per his capacity. In all, complainant spent Rs. 7,00,000/- to Rs. 8,00,000/-in her marriage. Even then, in-laws of her daughter were not happy with the dowry given and after some days of marriage, they started beating his daughter. After six months of marriage, Neeraj demanded Rs. 2,00,000/-for purchasing a car which was paid to him by the complainant, after that also, his daughter was continuously beaten, thereafter Rs. 1,00,000/-lakh were given to Neeraj but even after that, he continued beating his daughter. On 14-03-2015, his daughter has been murdered by his son-in-law, Neeraj, his father, Murari, mother, Sheela Devi and brothers, Vishnu and Kuldeep and for hiding his daughter’s body, they cremated her without giving any information to him. It is also stated that complainant sister’s son, Dhara Singh, who resides in the same village, informed complainant regarding the killing and cremation of his daughter. After getting this information, complainant came to the Police Station from Delhi. On this first information, Case No. 186 of 2015 under Sections 498A, 304 B, 201 IPC and Sections 3 and 4 of Dowry Prohibition Act was registered against above-mentioned accused persons.

4. After investigation, Investigating Officer submitted charge-sheet against accused Neeraj alias Kalua, Vishnu and Smt. Sheela Devi. Murari and Kuldeep were summoned by the learned trial court for trial under Section 319 Cr.P.C. Learned trial court framed charges under Section 498A, 304 B, 201 IPC and Section 3 and 4 of Dowry Prohibition Act against the accused persons and after considering the evidence on record, learned trial court convicted and sentenced only accused Neeraj alias Kalua under Section 498-A I.P.C. for two years’ imprisonment with fine of Rs. 5,000/-, in case of default, four months’ additional imprisonment; under Section 304B I.P.C. for 10 years’ imprisonment; under Section 201 I.P.C. for two years’ imprisonment with fine of Rs. 5,000/-, in case of default, four months additional imprisonment; under Section 3 of Dowry Prohibition Act for five years’ imprisonment with fine of Rs.15,000/-, in case of default, one year additional imprisonment; under Section 4 of Dowry Prohibition Act for one year imprisonment with fine of Rs. 3,000/-, in case of default, two months’ additional imprisonment. Rest of the accused persons were acquitted by learned trial court, hence his appeal has been filed by appellant, Neeraj alias Kalua.

5. First of all, learned counsel for appellan