ANNAPURNA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 13.4.2007 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 3443 of 2000 by way of which, the High Court has affirmed the impugned judgment and order dated 15.12.2000 of the Sessions Court passed in Sessions Trial No. 3 of 2000, convicting the appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentencing her to undergo imprisonment for life.

(2.) As per the prosecution case, the appellant is alleged to have poured kerosene oil on her daughter in law Santoshi and set her on fire. On hearing hue and cry of the deceased, her neighbour Ram Singh took her daughter in law to the hospital. In the hospital, two dying declarations were recorded, one by the Investigating Officer and another by Shri Ved Priya Arya, Naib Tehsildar-cum-Magistrate (PW.8). The dying declaration was recorded by the said Magistrate on 26.6.1999 after getting a certificate from Dr. P.K. Pathak that she was fit to make the statement. In her dying declaration, she had clearly stated that she had married to Satish on 4.5.1999 and she was pregnant. She was not sent to her parental house because her in laws were demanding ring and money. Her mother in law sprinkled kerosene oil on her and burnt her. She was subjected to cruelty for dowry.

(3.) The trial court also applied the provisions of Section 113-B of the Evidence Act, 1872 (hereinafter referred to as 'the Evidence Act'), which gives a presumption of demanding of dowry in such a case and recorded the findings of guilty of the appellant. The said findings had been affirmed by the High Court.