ANAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 18/19.2.1999 passed by the Additional Sessions Judge/Special Judge, Anti- Corruption, UP (East), Dehradun in Case No.36 of 1995, State Vs. Anand & others, thereby convicting and sentencing the appellant/accused Anand u/s 304-B of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentencing him to ten years' rigorous imprisonment. However, by the same judgment and order, co-accused Nathu and Smt. Nanki were acquitted by the trial court for the offence punishable u/s 304-B IPC.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Kishan Singh (P.W.2) lodged an FIR on 6.6.1993 stating therein that his daughter Babli was married with the present appellant-accused Anand about 2 year ago and in the marriage, he gave articles as per his status. On 22.5.1993, there was a marriage of his younger daughter Mamtesh in which his daughter Babli had come along with the appellant-accused. A little more was spent in the marriage of Mamtesh, due to which his son in law Anand became annoyed. On 5.6.1993, the appellant-accused Anand came along with Babli at his own house at Village Jamnipur, PS Sahaspur, Dehradun, where the appellant-accused Anand, his father Nathu and mother Nanki, beaten Babli for bringing lesser dowry and lastly, they set her ablaze by pouring kerosene oil upon her. On the alarm raised by the complainant's daughter, the neighbourers, namely, Maina Devi, Ramesh, and Bala Devi arrived at the spot, saved the victim and asked the appellant-accused and his parents to take the victim to hospital. Thereafter, (PW6) Ramesh came and informed about the incident to the complainant on which he immediately went to Doon Hospital, however by then his daughter Babli had died and the appellant- accused Anand, his father Nathu and other family members had run away from the hospital. With the same averments, the FIR Ex.Ka-7 was lodged by PW2 Kishan Singh on 6.6.1993 at 8:30 PM at PS Sahaspur, Distt. Dehradun. On the basis of that report, Head Moharrir Suresh Chand (PW7) prepared the CHIK FIR, Ex.Ka-2. In the same process, entry was also made in the GD by him, carbon copy of which is Ex.Ka-3. Dying declaration of deceased Babli, before her death, was recorded by R.R. Singh, Deputy Collector, Dehradun on 6.6.1993, i.e. Ex.Ka-9, the genuineness of which was admitted by the defence counsel. Initially, the victim Babli was medically been examined by PW8 Dr. GS Rawat on 5.6.1993 at 11:40 PM, who after the medical examination, prepared the medical report Ex.Ka-5. Later on, the victim Babli had died and the inquest report Ex.Ka-1 was prepared by PW12 SI Surendra Singh. Other necessary documents viz. memo of recovery of articles, specimen of seal, sketch of dead body, Police Form No.13 and letters to RI and CMO for conducting the post-mortem, Ex.1 to Ex.7 respectively, were also prepared by him. The post-mortem on the dead body was conducted by PW10 Dr. B.K. Endlay along with PW10 Dr. Anil Bhatnagar on 7.6.1993 at 3:20 PM and the post-mortem report Ex.Ka-8 was prepared and the genuineness of the post-mortem report was also admitted by the defence counsel. The I.O. also took in his possession an empty bottle of kerosene oil and burnt pieces of clothes of deceased and prepared Fard, Ex.Ka- 12. During the course of investigation the I.O. inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-10. The I.O. during investigation recorded the statements of witnesses and after completing the investigation, submitted the charge sheet against the appellant/accused in the court, i.e. Ex.Ka-11.