PUSHPA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals challenges the judgment and order dtd. 9/2/2017 passed by Additional Sessions Judge, Court No. 8, Firozabad in Sessions Trial No. 245 of 2015 convicting accused-appellant- Pushpa Devi, under Sec. 498A of Indian Penal Code, 1860 ( hereinafter referred to as 'IPC') and sentenced her to undergo simple imprisonment for two years with fine of Rs.2,000.00 and in default of payment of fine, further to undergo simple imprisonment for three months; she was further convicted under Sec. 323 IPC and sentenced to undergo simple imprisonment for three months with fine of Rs.500.00 and in case of default of payment of fine, to undergo further simple imprisonment for one months; she was further convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000.00 and in default of payment of fine, further to undergo simple imprisonment for six months. The accused-appellant-Bantu @Vimal Babu and accused-appellant- Munni Devi were convicted under Sec. 498A IPC and sentenced them to undergo simple imprisonment for two years each with fine of Rs.2,000.00 each and in default of payment of fine, further to undergo simple imprisonment for three months each. All the sentences were to run concurrently as per direction of the Trial Court.

(2.) Accused-appellants, Pushpa Devi, Bantu @ Vimal Babu and Munni Devi were trying along with Dilip Kumar for commission of offence under Sec. 498A, 304B, 314 and 323 read with Sec. Dowry Prohibition Act. ON 4/7/2015, learned Magistrate committed the case to the Court of sessions which was numbered as Sessions Case No. 245 of 2015 ( State Vs. Dilip Kumar and others).

(3.) Factual scenario as culled out from the record and the judgment of the Court below is that on 3/12/2014, a written First Information Report ( hereinafter referred as 'FIR) was given mentioning that Rajni was married with Dilip Kumar on 4/6/2013 but after the marriage,the in-laws started harassing the deceased-Rajni and demanded more dowry. For which on 2/12/2014, a phone was received that all the four persons had set ablaze the deceased-Rajni at about 3:00 (afternoon). She was taken to the hospital at Firozabad. Thereafter she was referred to Agra. She has pregnancy of eight months.