SHASHI KANT Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 18.5.1998, passed by Sessions Judge, Raebareli in S.T. No. 105 of 1995 arising out of Case Crime No. 23 of 1994, Police Station (in short 'P.S.') Mill Area, District Raebareli, whereby the appellant-Shashi Kant (hereinafter referred to as 'appellant') has been convicted and sentenced for seven years rigorous imprisonment for offence U/s 304-B I.P.C.; for three years rigorous imprisonment for offence U/s 498-A I.P.C. and for one year rigorous imprisonment for offence U/s 3/4 Dowry Prohibition Act (hereinafter referred to as 'D.P. Act'). All the sentences have been directed to run concurrently.

(2.) The prosecution story, in brief, is that Smt. Mamta Sharma (hereinafter referred to as 'deceased'), daughter of Balram (PW-2) was married with the appellant on 2.5.1993. The appellant, his mother Ram Bai (since acquitted), his father Lodheshwar (since acquitted) and his uncle Baleshwar (since acquitted) used to demand a scooter as dowry and were causing cruelty and harassment with deceased for non-fulfilling the demand of dowry. On 2.2.1994, deceased-Mamta got admitted in District Hospital, Raebareli with complain of consumption of poison and low general condition where she died on same day at 7:25 p.m. The death information report was sent from the District Hospital Raebareli to P.S. Kotwali, Raebareli. S.I. Sri Zafrul Haq (PW-6), conducted the inquest proceedings, prepared inquest report (Ex.Ka.5) and relevant police papers Ex.Ka.6 to Ex.Ka.9, sealed the dead body of the deceased and sent it for postmortem examination.

(3.) Dr. R.S. Agarwal (PW-3) and Dr. S.L. Sharma had conducted the postmortem examination of deceased on 3.02.1994 at 3:45 p.m. and prepared the postmortem report (Ex.Ka.2). According to him (PW-3), death of deceased could have occurred on 02.02.1994 at 7:25 p.m; the rigor mortis was present on all the four limbs; no external injury was found on the dead body and cause of death was not clear, as such, viscera of the deceased was preserved and sent for chemical examination.