STATE OF U P Vs. JITENDRA DUBEY

JUDGEMENT

(1.) HEARD learned AGA for the State and perused the Trial Court judgment and record.

(2.) THIS application for leave to appeal has been preferred against the judgment and order dated 22.9.2011 passed by the Additional Sessions Judge, Court No. 7, Azamgarh in S.T. No. 444 of 2001 (State of U.P. v. Jitendra Dubey and others), by which the Trial Court has acquitted the accused respondents for the offence under sections 147, 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Tarwan, District Azamgarh.

(3.) A statement under section 161 Cr.P.C. was also recorded on 9.9.1995 by the Investigating Officer which was also treated to be the dying declaration of the deceased Smt. Bindu, in which she has stated that on 26.8.1995 at about 12 noon she was in the kitchen near varanda and her mother-in-law Smt. Lilawati and Jethani Smt. Sushama had come there and sat and started talking with her. At that time, her Jeth Ram Janam and father-in-law Ramagya Dubey and her husband Jitendra Dubey had also come there. Her mother-in-law, Jethani and father-in-law had caught hold of her and tied her hands and legs with her dhoti. Her father-in-law had shut her mouth. Her Jeth Ram Janam poured kerosene oil on her and all of them told her husband that she had not brought anything in dowry and hence she must be killed by setting her ablaze. Her husband Jitendra set her ablaze by match box. When she started burning, all the persons (in-laws) came out of the house. While burning she raised alarm, on which persons of the village had come and thereafter she became unconscious and she became conscious in the hospital and she only came to know that Pappu who was the son of her husband's maternal uncle had poured one bucket of water on her.