JUDGMENT :

1. The present appeal has been preferred by the appellant against the judgment of conviction, dated 17.12.2019, and order of sentence, dated 19.12.2019, passed by Additional Sessions Judge/Fast Track Court No. 1, Etawah in Sessions Trial No. 17 of 2019 (State v. Sunil Kumar) whereby the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life with fine of Rs. 50,000/- coupled with a default sentence of five months.

INTRODUCTORY FACTS

2. The FIR of the present case was lodged by Chhottey Lal (PW-1) on 3.10.2018, at about 13.59 hours, as Case Crime No. 245 of 2018 at Police Station Sefai, District Etawah, under Sections 304-B, 498-A, 201 IPC and Section 3/4 of Dowry Prohibition Act, against the appellant and five others.

3. The prosecution story in the FIR is as follows: the marriage of the appellant was performed with the daughter of informant on 17.4.2014. In the marriage, informant gave Rs. 4,00,000/- (Rs. Four Lacs) cash and a motorcycle to the appellant and his family members alongwith other items worth Rs. 2,00,000/- (Rs. Two Lacs) yet, appellant and his family members were not satisfied and they demanded a car as an additional dowry. When the informant disclosed his inability to give a car, appellant and other accused persons started harassing his daughter (deceased). Informant's daughter also gave information that if the demand is not fulfilled she will be murdered. Thereafter, on 12.9.2018, at about 10.00 a.m., the informant received an information that in the night of 11.9.2018 due to non-fulfilment of the demand of additional dowry, his daughter has been murdered and her dead body has been disposed off. On getting the information, when the informant arrived at the matrimonial home of his daughter, alongwith other persons, neither his daughter nor the accused persons including the appellant were found. When the informant and his family members inquired, they came to know that after committing the murder of his daughter, dead body was put on Railway Track and from there, it was recovered by the Police.

4. It be noted that much prior to the lodging of the above-mentioned FIR, on 12.9.2018, at about 9.42 hours, an information was given by one Pradeep Kumar (not examined), Porter Railway Section, Sarai Bhupat, Jaswant Nagar, Etawah to the Police that a dead body of an unknown lady is lying on Railway Track which appears to be a consequence of train accident. On this information, Police arrived at Railway Section Sarai Bhupat, Jaswant Nagar, Etawah and at 10.15 am, on 12.9.2018, the inquest team proceeded to the spot. Inquest was completed by 13.00 hrs on 12.9.2018. Inquest report (Ext.Ka-7) was prepared by SI Mahendra Kumar (PW-6), PS Jaswant Nagar, Etawah. Body was identified later.

5. After inquest proceedings, dead body was dispatched for autopsy. It be noted that though the inquest was conducted of an unknown body but autopsy was of the cadaver of Archana Yadav wife of Sunil Kumar which, as per autopsy report, was brought by CP-1026 Pankaj Kumar, P.S. Jaswant Nagar, Etawah.

6. The autopsy commenced at about 11.35 a.m. of 13.9.2018 and was completed by 12.05 p.m.. The autopsy surgeon (PW-3) noticed following ante-mortem injuries on the body of the deceased :

''(i) Neck, face and head badly crushed and lacerated, some part of Head and face missing.

(ii) Multiple contusion present at chest and abdomen with underlying multiple ribs are fractured (both side).

(iii) Multiple contusion present at both upper limb with multiple underlying bone fracture.

(iv) Lacerated wound in size 10.0 cm X 6.0 cm present at right thigh region ankle joint with underlying bone fracture.

(v) Lacerated wound in size 6.0 cm X 4.0 cm present right ankle joint with underlying bone fracture.

(vi) Multiple contusion present at left lower limb with underlying bone fracture.

(vii) Both buttocks lacerated.''

According to the Autopsy Surgeon, deceased died due to shock and haemorrhage caused by ante-mortem injur