SMT. CHAMPA DEVI Vs. STATE OF UTTARANCHAL (UTTARAKHAND)

JUDGEMENT

(1.) THIS appeal preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 20.02.2001, passed by IInd Additional Sessions Judge, Nainital, in Sessions Trial No. 320 of 1995, whereby said court has convicted accused/appellants Smt. Champa Devi and Sanjay Kumar under Section 498A, and 304B of Indian Penal Code, 1860 (for short IPC). Accused/appellant Champa Devi has been sentenced to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,000/ - under section 498A IPC, and rigorous imprisonment for a period of seven years under section 304B IPC. Accused/appellant Sanjay Kumar has been sentenced to rigorous imprisonment for a period of three years, and directed to pay fine of Rs. 2,000/ - under section 498A IPC, and imprisonment for life under section 304B IPC, by the trial court. Heard learned counsel for the parties, and perused the lower court record.

(2.) PROSECUTION story, in brief, is that Santosh Kumari (deceased) got married to accused/appellant no. 2 Sanjay Kumar about 18 months before her death. Accused/appellant no. 1 Smt. Champa Devi, is mother in law of the deceased. It is alleged by the prosecution that after the marriage deceased was subjected to harassment for non -fulfillment of demand of dowry by accused/appellants Sanjay Kumar (husband) and Champa Devi (mother -in -law). On 25.11.1994, Santosh Kumari (deceased) suffered 90% burn injuries, and taken to the hospital at Ramnagar for her treatment from where she was referred to Delhi for further treatment. However, she died on her way to Delhi at Kashipur. It is alleged by the prosecution that before the aforesaid date of incident also the accused/appellant Sanjay Kumar attempted to kill Santosh Kumari (deceased) by pouring kerosene, and by inflicting knife blow. On behalf of the in -laws of the deceased, a report was given on 26.11.1994, about the accidental death of Santosh Kumari on which police came to the spot, took dead body of Santosh in their possession, and prepared inquest report (Ex. A2) in the presence of the in -laws, and relatives of maternal side of the deceased. Autopsy was conducted on the dead body by P.W. 4 Dr. Surendra Singh on the very day (26.11.1994) at 3.30 p.m., and he recorded 98% ante -mortem burn injury, in the autopsy report. The cause of death in the opinion of medical officer was shock due to ante -mortem burn injury. It appears that on 28.11.1994, P.W. 1 Smt. Ramwati (mother of the deceased) sent a written report to Senior Superintendent of Police, Nainital, and in compliance of endorsement dated 03.12.1994, under instructions of said officer, crime no. 364 of 1994, was registered against accused/appellants Sanjay Kumar and Champa Devi, and one Raja Ram (since acquitted) relating to offence punishable under section 304B IPC, at Police Station Ramnagar, District Nainital. The investigation was conducted by P.W. 5 Nageshwar Singh, Circle Officer, who interrogated the witnesses, inspected the spot, and submitted charge sheet (Ex. A5) against the two accused namely Sanjay Kumar and Champa Devi for their trial in respect of offence punishable under section 304B IPC. A separate charge sheet (Ex. A6) was filed against accused Raja Ram in respect of offences punishable under section 498A and 304B IPC.

(3.) FROM the record, it appears that after hearing the parties learned Sessions Judge framed charge of offences punishable under section 498A and 304B IPC on 22.02.1996, against accused/appellants Sanjay Kumar and Champa Devi. As against third accused Raja Ram, separate charge was framed on 17.12.1999, in respect of the offences punishable under section 304B and 498A IPC. All the accused pleaded not guilty, and claimed to be tried. On this, prosecution got examined P.W. 1 Smt. Ramwati (complainant and mother of the deceased), P.W. 2 Ram Avtar Deval (a neighbour from the maternal side of the deceased), P.W. 3 Sanjay Deval (brother of the deceased), P.W. 4 Dr. Surendra Singh (who conducted post mortem examination on the dead body of the deceased), and P.W. 5 Nageshwar Singh, Circle Officer (who investigated the crime). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which the marriage between Sanjay Kumar and Santosh Kumari (deceased), was admitted. Her unnatural death was also not disputed but rest of the evidence was denied as false. However, no evidence in defence was adduced. The trial court, after hearing the parties, found that the prosecution could not prove case against accused Raja Ram, but the charge of offences punishable under section 498A and 304B IPC, was found proved against accused/appellants Champa Devi and Sanjay Kumar who were convicted. After hearing on sentence, the trial court sentenced accused/appellant Champa Devi rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 2,000/ - under section 498A IPC, and rigorous imprisonment for a period of seven years under section 304B IPC. Accused/appellant Sanjay Kumar was sentenced to rigorous imprisonment for a period of three years, and directed to pay fine of Rs. 2,000/ - under section 498A IPC, and imprisonment for life under section 304B IPC. Aggrieved by said judgment and order dated 20.02.2001, passed by IInd Additional Sessions Judge, Nainital, in Sessions Trial No. 320 of 1995, this appeal is filed by the convicts.