STATE OF U P Vs. DAMODAR

JUDGEMENT

(1.) This appeal by special leave challenges the order dated 07.09.2006 passed by the High Court of Judicature at Allahabad in Govt. Appeal No. 2923 of 2003 rejecting leave to appeal preferred by the appellant against the judgment and order of acquittal dated 24.03.2003 passed by the Additional Sessions Judge, Court No.8, Azamgarh in Sessions Trial No.484 of 1995.

(2.) According to the prosecution, marriage between the deceased Sunita and Respondent No.1 was solemnized in the year 1988 while her gona was performed in 1992 whereafter she started living in her matrimonial home. Her father Laldev had given dowry and gifts in the marriage according to his capacity but could not fulfil the demand for a gold chain and ring, because of which her husband i.e. Respondent No.1 and his family members were harassing Sunita.

(3.) On 01.09.1994 in the early hours a dhebri i.e. lamp is said to have fallen on the mattress on which Sunita was sleeping. She caught fire and was completely burnt. The fact that she was so burnt at 4.00 am was seen by neighbour PW4 Bachhi Devi. According to the witness Sunita's brother in law came to her place asking for a torch stating that Sunita had suffered burns. The witness went to the house of Respondent No.1 and found Sunita in burnt condition. Sunita then stated to the witness "jo hona tha ho gaya".