SUDHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against the common judgment and order dated 17.01.2005, passed by Addl. Sessions Judge / V F.T.C., Dehradun, in S.T. No. 16 of 2001, whereby appellants Sudhir, Km. Sudha and Smt. Rajini have been convicted under Section 302 and 498-A of the Indian Penal Code, 1860 (for short I.P.C.). All of them have been sentenced to undergo imprisonment for life and directed to pay a fine of '5,000/- under Section 302 of I.P.C. and rigorous imprisonment for a period of two years and directed to pay a fine of '2,000/- under Section 498-A of I.P.C. During the pendency of this appeal, accused / appellant Km. Sudha is reported to have died, and appeal filed on her behalf stands abated.

(2.) Heard learned counsel for the appellants and learned Addl. Government Advocate for the State and perused the lower court record.

(3.) Prosecution case, in brief, is that on 20.11.2000, at 05:30 P.M., P.W.9 Raghubir Singh (father of the deceased) lodged first information report (Ext. Ka-19) with reporting outpost Rani Phokri, police station Rishikesh stating therein that her daughter Sushila Devi got married to accused / appellant Sudhir about two year ago. After her marriage with Sudhir she started living with her husband and in-laws in village Ghamandpur, police station Rishikesh, District Dehradun. After seven months of her marriage when she came back to her parental house, Sushila Devi told her father P.W.9 Raghubir Singh that she was being subjected to cruelty by her husband, brother-in-law (jeth) and sisterin-law (nanad) for not bringing a colour television and a vikram (three-wheeler) in dowry, which according to the father of the deceased he was unable to fulfill. On this, the three used to harass Sushila Devi (deceased) for nonfulfillment of demand of dowry and commit maarpeet with her. In this background, on 19.11.2000, at about 09:00 P.M., Sudhir (husband of the deceased) set Sushila Devi on fire by pouring petrol on her. Bijendra Singh and Sudha were also present with Sudhir in this gruesome act. It is also stated that at present her daughter is in the hospital in an injured state and is being treated there. On the basis of said report, the police prepared chick report (Ext. Ka-11) and registered Crime No. 55 of 2000 against the accused / appellants Sudhir, his brother Bijendra and sister Sudha, relating to offences punishable under Section 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act. Later on name of Smt. Rajini (jethani) w/o Bijendra Singh was also introduced as an accused. On 19.11.2000 itself, the victim was admitted in Doon Hospital, Dehradun by her husband where she was examined by P.W.5 Dr. R.K. Singh on 20.11.2000, at 12:15 A.M. The Doctor found superficial deep burns on the whole body except both soles on the person of Sushila Devi. The Medical Officer opined that the injuries could have been sustained by dry heat. On 21.11.2000 she was referred to Govt. Medical College Hospital, Chandigarh for further treatment. On 24.11.2000, at 09:00 P.M., Sushila Devi died at Chandigarh during her treatment. A report (Ext. Ka-5) was prepared regarding her death.