LAWS(ALL)-2022-10-66

SUSHEELA DEVI Vs. STATE OF U. P.

Decided On October 31, 2022
SUSHEELA DEVI Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 4/1/2020, passed by the learned Additional District and Session Judge, Court No.6, Pilibhit, in Session Trail No.123 of 2018 arising out of Case Crime No.34 of 2018 under Sec. 302 IPC, Police Station-Diyoriya, DistrictPilibhit, whereby the appelant is convicted and sentenced for the offence under Sec. 302 IPC for life imprisonment with a fine of Rs.50,000.00 and in defalut of payment of fine, further imprisonemnt for one year.

(2.) None has appeared for appellant. We are intending to modify the order in favour of the appellant. Hence, we have heard and taken assistance from Shri N.K. Srivastava, learned AGA and perused the record.

(3.) The brief facts of the case are that a written report was submitted by informant-Jagdish Prasad at Police StationDiyoriya Kalan, District-Pilibhit on 23/2/2018 with the averments that the daughter of informant, namely, Roopwati was married to Rajendra Kumar before three years of occurrence. Informant had given sufficient dowry as per his financial status, but in-laws of her daughter were not satisfied and continuously demanding the additional dowry. Due to nonfulfilment of demand of additional dowry, she used to be beaten and tortured. On 22/2/2018, at about 11:00 a.m., Rajendra Kumar (husband of Roopwati), Sunil Kumar (dewar) and her mother-in-law poured kerosene oil on Roopwati and set her ablazed. On getting the information by neighbours, informant and others went to the house of in-laws of her daughter and found her in burning condition where she told them that aforesaid persons had set her ablazed for want of additional dowry. She was admitted in the hospital at Pilibhit.