KASHMIRA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant appeal has been filed by the appellant assailing the impugned judgment and final order dated 29.06.2017 and 10.07.2017, passed by the High Court of Judicature at Nainital in Government Appeal No. 42 of 2010, whereby the High Court has allowed the appeal filed by the Respondent and set aside the acquittal of appellant passed by the trial court and convicted the appellant for the charges under Sections 304B and 498 A IPC.

(2.) The case of the prosecution in brief is that the marriage between deceased/ Urmila @ Guddi and Proforma Respondent No.3/Jagdish Singh was solemnized four years back. At the time of the marriage dowry was given by parents of the deceased as per their financial capacity; despite the same the husband and in laws of the deceased were not satisfied. Whenever deceased used to visit her paternal house, she used to complain about the harassment and brutal beating by her husband, father in law, mother in law i.e. Appellant/Kashmira Devi, brother of husband and brother's wife for nonfulfilment of demands for dowry, to PW1/ Rajeshwari/ Mother of the deceased. In November, 2007 the deceased was severely beaten and harassed by the accused persons. Due to the ill treatment of her in laws she came back to her parental house. PW1 and her husband/PW3 sent her back on 02.02.2008 to the matrimonial house by stating that they are very poor and in no position to fulfil the demands of the accused persons. On 08.02.2008, PW1 through the news spread amongst the villagers received information that the deceased was burnt, thereafter she called the inlaws of her daughter to inquire about the incident, when she was told by Proforma Respondent No 3 that she was burnt due to stove burst. Immediately PW1 along with all her family members reached the base hospital to see the condition of deceased and on inquiring about how her daughter was burnt, accused persons instead of giving a satisfactory answer used derogatory words and started threatening them and also told deceased to say on inquiry by anybody that she has got burnt by stove. On 14.02.2008 deceased succumbed to her injuries. On 15.02.2008, PW1/Rajeshwari/Mother of the deceased filed an application under Section 156(3) of the Cr.P.C.

(3.) The statement of the deceased was recorded by DW1/Darshani Devi on the first day after the incident wherein deceased stated that all of a sudden, the stove burst, oil spilled and caught fire. She had also stated that no one was responsible for the incident. On 07.02.2008, second dying declaration was recorded by the Tehsildar wherein she stated that the stove exploded and her saree caught fire. The last dying declaration was recorded by PW5/ Shishpal Singh/ Additional Tehsildar on 13.2.2008 wherein the deceased has stated that there was quarrel between her and her mother in law/appellant and in the course of quarrel her motherin law set her ablaze and none of the others had any involvement.