BIMLA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal is directed against the judgment and order dated 31-3-1980 passed by Sri H. C. Shukla, the then Vth Additional Sessions Judge, Hamirpur in Sessions Trial No. 76 of 1978 convicting the appellant under Section 3021. P. C. and sentencing her to life imprisonment.

(2.) THE salient features of the prosecu tion case may be noted. THE accused-ap pellant is the mother-in- law of the deceased Smt. Uma Devi who was married to her son Shiv Swarup on 30-6-1975. She is said to have committed her murder by burning. It is alleged that at the time of marriage no dowry was settled. However, on 1-7- 1975 Anand Swarup-father-in-law of the deceased demanded Rs. 5000/-from Ram Narain-father of the deceased. He pressed this demand on 2-7-1975 also. Ram Narain gave some money to him which he could manage. Uma Devi went to her husband's house at Mahoba. Her brother Om Narain P W 7 went to Mahoba to bring her on 23-7-1975. Anand Swarup pressed his demand for Rs. 5000/- at that time also. Uma Devi also told her brother that her father-in-law and mother-in-law were pressing for Rs. 5000/- and her mother-in- law (accused-appellant) had even given her a beating on this score. On 23-7-1975 Uma Devi came to her father's house at Hamirpur. Gauna took place on 7-12-1975 and at that time also the demand of Rs. 5000/- was pressed hard. On 19-1-1976 Sushil-cousin of Uma Devi went to Mahoba to bring her. Anand Swarup pressed his demand even to him and in sulted him. Anand Swarup did not send Uma Devi with Sushil who returned with a letter Ex. Ka 1 written by Uma Devi wherein she narrated her miserable condi tion and ill treatment being meted out to her in her Sasural. On 16-2-1976, her brother Om Narain went to Mahoba to bring her. THE accused-appellant hurled abuses on Uma Devi and Om Narain was turned out of house. Shiv Swarup-hus band of Uma Devi then wrote a letter in an attempt to pacify Om Narain. THEreafter, on 10-5-1976 Uma Devi sent a letter Ex. Ka-2 to her father by post narrating her pitiable condition. On 14-5-1976 Om Narain brought Uma Devi to Hamirpur. THE accused-appellant sent her after ex tracting a promise from him to pay Rs. 5000/- without further delay. On 4-10-1976 Anand Swarup (father-in-law of Uma Devi) came to Hamirpur with a letter of her husband Shiv Swarup, Ex. Ka 13 to the effect that he (Shiv Swarup) was ill. On 5-10-1976 Uma Devi was sent to Mahoba. On 25-11-1976 Uma Devi sent a letter to Hamirpur informing that a fixed deposit receipt had inadvertently gone with her in her box from Hamirpur to Mahoba. Om Narain then went to Mahoba on 26-11-1976 and brought back that receipt. On 27-11 -1976 at about 8a. m. the accused-ap pellant doused Uma Devi in kerosene ami set her afire while she was cooking food in the kitchen. She was badly burnt. THE same day she was admitted in the Government Hospital Mahoba. Her dying declaration was recorded there the same day by Sri Umadhar Dwivedi, Joint Magistrate P W3. She had been certified to be in a fit medical condition to make dying declaration by Dr. K. N. Misra PW 8. She clearly stated in her dying declaration that her mother-in-law (accused-appellant) had burnt her by sprinkling kerosene on her. She remained admitted in Mahoba hospital upto 4- 12-1976. Her condition was not improving. THErefore, she was removed to District Hospital Hamirpur on 5-12-1976. Her condition deteriorated and she expired of burn injuries on 12-1-1977. No informa tion was sent to the father of the deceased. When she was admitted in Hamirpur Hospital, one Hori Lai, Sweeper of the hospital informed the deceased's father Ram Narain who at once reached the hospital and saw his daughter in extremely bad condition. She then allegedly told her father also that she had been burnt by the accused-appellant on27-l 1-1976.

(3.) IN the opinion of the Doctor, the death had occurred due to post burn anaemia and toxaemia.