RAM PRASAD SATI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal preferred under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 01.02.2002, passed by District & Sessions Judge, Rudraprayag in Sessions Trial No. 31 of 2001, whereby accused / appellants Ram Prasad Sati, Smt. Darshani Devi and Shiv Prakash Sati have been convicted and sentenced under section 302 IPC read with section 34 IPC with imprisonment for life and under section 498A IPC with one year's imprisonment. Both the sentences have been directed to run concurrently.

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

(3.) Prosecution story in brief is that Jyoti was married to accused no. 1 Shiv Prakash Sati according to Hindu rites and rituals. Jyoti is the sister of the informant Bharat Bhushan. Accused persons, viz., Shiv Prakash Sati, Ram Prasad Sati, Smt. Darshani Devi, Ved Prakash, Pinki, Kailash, Kushlanand and Smt. Shashi Devi started demanding a dowry of Rs. 50,000/- from the day of marriage itself. Jyoti was ousted from her matrimonial home after three months of marriage. Thereafter, Jyoti remained at her parental house. On 27.08.1999 the informant along with his father and Village Pradhan went to drop Jyoti to her matrimonial home. Accused persons harassed Jyoti on account of non-fulfillment of demand of dowry. Jyoti continued to inform the same verbally and also through letters. Jyoti filed an application under section 125 Cr.P.C. in the court of C.J.M. The informant also instituted a criminal complaint against the accused for harassment meted out to her sister. On 02.05.2001 accused no. 1 Shiv Prakash got himself bailed out and since then the accused persons were on the look out to kill Jyoti. All the accused persons belong to one family and are related to each other. They started hatching conspiracy to eliminate Jyoti. On 07.05.2001 his sister met him at Tilwara market. Jyoti apprehended her murder. Her brother (informant) persuaded her to go back to her matrimonial home. The same day at 2:30 p.m. when the informant was sitting in his shop at Tilwara, he found a sizable number of people assembling at the matrimonial house of his sister. He went there only to find that she has suffered injuries on account of burns on her body. All the accused were standing at the rooftop and were saying that the enemy has been eliminated. When enquired from Jyoti, she said that accused persons caught hold of her, shut her mouth, poured Petrol (kerosene) on her person and set her on fire. Then she was taken to hospital. The doctor apprehended loss of her life. The FIR was lodged the same day at 3.05 p.m.