GOVIND HARI SWAMY Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS, a family, consisting of Govind Hari Swamy (A1) his wife Smt. Gomti (A2) and their three sons Manoj (A3), Ajay (A4) and Jeewanshu (A5) have questioned their convictions and sentences U/S 498-A and 304 B IPC vide impugned judgement and order dated 14.9.2006,recorded by Additional Sessions Judge, Court No. 6, Ghaziabad in S.T. No. 68 of 2001, State Vs. Manoj and others, relating to crime No. 667 of 2000.All the appellants have been convicted U/S 498A IPC and have been sentenced to three years R.I. with a fine of Rs. 10,000/- and in default thereof to under go one year additional imprisonment. A2 and A3 have been additionally convicted U/S 304 B IPC with imposed sentence of ten years R.I and their both the sentences have been ordered to run concurrently by the trial judge.

(2.) GENESIS to the present appeals lies in prosecution allegations scribed and levelled by the informant Subhash P.W. 1 in his written report Ex. Ka-1 dated 9.9.2000, according to which his cousin sister Shashi (deceased) was married to A 3 on 25.1.2000, seven months prior to her death. A1 and A2 were her in- laws where as A4 and A5, were her brother-in-laws (Devars).Briefly stated, it was alleged by the informant that his sister, Shashi was murdered by setting her ablaze after pouring Kerosene Oil upon her on 8.9.2000 because of non fulfillment of dowry demand of a motor cycle and, after she was fatally burnt, to save their skin, appellants got her admitted in Safdarjung Hospital, New Delhi.

(3.) POST mortem examination on the cadaver of the deceased was performed on 11.9.2000 by Dr. Chandra Kant P.W. 8, who has proved his autopsy report Ex. Ka 13 alongwith case sheet of the deceased prepared at Safdarjung Hospital New Delhi Ex. Ka 15 and 16. Dr. P.W. 8, Chandra Kant noted conditions of the dead body of the deceased as under;-