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SIDDHARTH, SYED QAMAR HASAN RIZVI
Upendra @ Balveer – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Shri Amar Singh Kashyap, learned counsel for the appellant, Ms. Manju Thakur, learned A.G.A.-I for the State and perused the material on record.
2. The criminal appeal has been filed against the judgment and order dated 21.12.2010, passed by Additional Sessions Judge IIIrd, Jalaun, at Orai, in Sessions Trial No. 128 of 2009, State of U.P. Vs. Upendra @ Balveer and Others. By the said judgment and order, the appellant has been convicted under section 316 IPC for the period of five years rigorous imprisonment alongwith a fine of Rs.1,000/-. The appellant has been further convicted under section 302 IPC for life imprisonment alongwith fine of Rs.1,000/-; in default the payment of such fine, for an additional imprisonment of two months.
3. The prosecution case as per F.I.R. is that two years ago, deceased, Deepika, was married to appellant, Balveer, as per Hindu marriage rites. Dowry was given in marriage by the informant as per his capacity, but the husband of deceased, appellant, Balveer, his father, Raj Bahadur and Mother, Smt. Ramkali, were not satisfied with the dowry received in marriage. After marriage, they were demanding one motorcycle, a gold cha
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