BHOORA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bhoora Singh, father-in-law of deceased Smt. Urmila has preferred Criminal Appeal No. 2854 of 1988 whereas there is a Reference No. 30 of 1988 for the confirmation of the death sentence as envisaged by provisions S. 366 of the Criminal P.C. (for short the Code). Raju alias Raghvendra Pratap Singh the husband, and Smt. Gulhari, mother-in-law of deceased Smt. Urmila have also preferred appeal against the judgment dated 9-12-1988 passed by Sri U. K. Khare, III Additional Sessions Judge, Fatehpur, convicting the appellant Bhoora Singh under S. 498A, I.P.C. and sentencing him to 3 years imprisonment and a fine of Rs. 500.00 and further convicting him under S. 4 of the Dowry Prohibition Act and sentencing him to imprisonment for 6 months and a fine of Rs. 500.00 and in default to undergo imprisonment for 3 months, and convicting appellants Raju alias Raghvendra Pratap Singh and Gulhari Devi alias Champa Devi (husband and mother-in-law respectiely of the deceased Smt. Urmila) under S. 302, I.P.C. sentencing them to be hanged till death further convicting them under S. 304B, I.P.C. sentencing them to imprisonment for 7 years and further convicting under S. 498A, I.P.C. and sentencing to imprisonment for 3 years and fine of Rs. 500.00 each and in default to undergo imprisonment for 3 months, in S.T. No. 70 of 1987, State v. Bhoora Singh, P. S. Malwan Distt. Fatehpur.

(2.) The appellants, along with one Smt. Aruna Devi alias Vijaylakshmi since acquitted, were charged under Ss. 302, 304B, 498A, I.P.C. and S. 4 of the Dowry Prohibition Act for having committed murder of Smt. Urmila wife of appellant Raju alias Raghvendra Pratap Singh, for inadequate dowry. The prosecution case was that important Yadunath Singh Chauhan performed marriage of his daugher Km. Urmila Devi with Raju alias Raghvendra Pratap Singh resident of village Bhadwan, P. S. Malwan, Distt. Fatehpur inthe year 1983 and gave Rs. 20,000.00 in cash Rs. 10,000/ - in. the form of utensils etc. and spent Rs, 10,000/- in reception of the marriage party. Smt. Urmila Devi visited her father-in-law's house 3-4 times but every time her in-law's made complaints regarding insufficiency of dowry. They tortured her and also threatened to kill her. This was conveyed by the deceased to her mother and father 6-7 months prior to the date of occurrence. Once when the father of deceased went to bring her from her husband's house all the inmates including appellants complained for inadequate dowry. In fact they demanded Bullet Motor Cycle and, double bed etc. and told that Urmila will be allowed to go with him only when the demands were fulfilled. The informant was also told that Bhoora Singh had an offer of Rs.80,000.00 for the marriage of his son and after repeated requests, she was allowed to go with his father. On 11-10-1986 all the accused burnt her with intention to commit murder, she was brought to the hospital by the one VijayBahadur Singh with burn injuriesher face, head, neck, chest, back, abdomen and both hands and both legs. At about 3.05 p.m. the same day she was examined by Dr. Harish Chandra (P.W. 5) who found the said injuries on her person. At that time, for general condition was very low. Pulse was 120 / Mt, Vol. low rapid. Her temperature was normal andat that time she was semi-conscious. According to the doctor, the burn injuries were 3rd to 4th degree and about 90%. It was also mentioned that injuries were caused by flames caused from Choolha and were fresh. The memo was sent by the doctor on 11-10-86 the same day, at about 3.10. P.W. 5 Dr. Harish Chandra sent a letter to Sri S. K. Singh, Magistrate on duty for recording the dying declaration of the patient, but the Magistrate did not come. The Senior Medical Superintendent sent a letter to the Distt. Magistrate Fatehpur. Ultimately Sri S.K. Singh S.D.M. arrived at 6.55 p.m. in the hospital but the patient had already expired at 5.35 p. M. The F.I.R. was lodged by informant Yadunath Singh P.W. 1 father of the deceased on 12-10-86 at about 00.55 in Police Station Kotwali alleging that his daughter had gone to her father-in-law's house about six months ago and about 25-30 days prior to the occurrence, had sent a letter that efforts are being made to kill her. The letter was sent through her brother Indrabhan Singh who had gone to bring her but was misbehaved and was asked to go back without his sister, The F.I.R. is Exbt. Ka-1 (on page 4 of the paper book) and the letter dated 22-9-86 sent by the deceased is Exbt. Ka-2 (on page 5 of the paper book).

(3.) The informant P.W. 1 was posted as S.I. in P.S. Mohabbatpur Pansa in Distt. Allahabad and at about 7 p.m. he came to know through wireless that his daughter was admitted in the hospital when he reached the hospital, he came to know that she expired at about 6 p.m. and murdered by the appellants, and Smt. Karuna Devi etc. since acquitted.