PREM SHEELA @ GUDDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Both criminal appeals have been filed against the judgment and order dated 29.11.2018, passed by Additional Session Judge/F.T.C. (Offences against Women), Jaunpur, in S.T. No. 389 of 2013 (State of U.P. Vs. Kusum Devi and others), arising out of Case Crime No. 371 of 2013, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act (in short 'D.P. Act'), P.S. Chandvak, District Jaunpur whereby appellants, namely, Prem Sheela @ Guddi, Kusum Devi and Brijbhan Gaur have been convicted and sentenced for offence u/s 498-A IPC for 2 years imprisonment and fine of Rs. 5000/-, for offence u/s 304-B IPC for 7 years rigorous imprisonment and u/s 3/4 D.P. Act for one year imprisonment and with fine of Rs. 1000/-. All the sentences have been directed to run concurrently. Since both the appeals have been filed against the same judgement, hence both are being heard and decided jointly by common judgement.

(2.) Brief facts, arising out of this appeal, are that deceased Pratiksha Gaur was married to Hari Kishan (PW-2), s/o Banarasi, R/o Village Kanaura, P.S. Chandvak, District Jaunpur, in December 2007 in mass wedding ceremony. Appellant Brijbhan Gaur is brother-in-law of Hari Kishan (PW-2), appellant Kusum Devi is his sister (wife of appellant Brijbhan), appellant Prem Sheela @ Guddi is his niece (daughter of Kusum Devi) and one Subhash (since acquitted) is real brother of Hari Kishan (PW-2). Asha Devi (PW-1), mother of deceased Pratiksha, lodged a written information (F.I.R.) (Ex.ka1) on 9.6.2013 at about 9:50 p.m. at P.S. Chandvak, District Jaunpur that aforesaid appellants and Subhash (since acquitted) used to torture the deceased Pratiksha for want of dowry. On 8.6.2013 at about 7:30 p.m., appellants and Subhash (since acquitted) poured kerosene oil on deceased Pratiksha and set her ablaze, whereby serious burn injuries were caused to deceased; information of the said incident was given to Asha Devi (PW-1) by Hari Kishan (PW-2), upon such information she (PW-1) rushed to place of occurrence and learnt that her daughter was in hospital. Thereafter, she rushed to the hospital and found that the deceased was struggling for her life in District Hospital, Jaunpur. The information, given by Asha Devi (PW-1) was entered by police in General Diary (Ex.Ka 9) and on the basis whereof, Case Crime No. 371 of 2013 was registered by Const. Vinod Saroj (PW-8), under Sections 498-A, 307 IPC and 3/4 D.P. Act, against the appellants as well as against Subhash (since acquitted). Investigation was entrusted to S.I. Mata Prasad (in short 'Ist I.O.') who rushed to the place of occurrence and after its inspection, prepared site plan (Ex.Ka 10), seized kerosene oil with plastic jerrycan, match box and prepared seizure memo (Ex.Ka 3).

(3.) Ram Kailash Saroj (PW-7), Naib Tehsildar (Local Executive Magistrate), upon oral direction of Sub-Divisional Magistrate, Sadar Jaunpur, reached the District Hospital, Jaunpur where deceased was admitted and her treatment was going on. He recorded the statement (Ex.Ka 11) i.e. dying declaration of deceased on 9.6.2013 in the intervening night of 9.6.2013 at about 12:10 a.m. (night) which reads as under: