JAWAHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant Jawahar challenging the order dated 25.7.2011 passed by the Additional Sessions Judge/Special Judge, E.C. Act, Court No.9, Sultanpur in Sessions Trial No.7 of 2007 (Crime No.1001 of 2006, under Sections 498-A, 304-B, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Gosainganj, District Sultanpur) by which the appellant was convicted under Sections 498-A, 304-B IPC and Section 4 of the Dowry Prohibition Act, and was directed to undergo 3 years RI and fine of Rs.500/-, 10 years RI and six months RI and fine of Rs.500/- respectively. In default of payment of fine, two months further imprisonment.

(2.) The facts, in short, are that Videshi brother of the deceased moved an application before the Superintendent of Police, Sultanpur that his sister Kewla Devi was married with Jawahar son of Bihari, resident of village Sonvatara, police station Gosainganj, District Sultanpur, who is addicted to alcohol. His elder brother Hira Lal is also addicted to alcohol and Kewla Devi, when forbade them from consuming alcohol, was beaten by those persons. On 31.8.2005 at about 8 A.M. he received information that Kewla Devi has been burnt, then he along with other relatives went to the matrimonial house of Kewla Devi and saw her in badly burnt condition. She told him that on 30.8.2005 at about 4/5 P.M. Hira Lal and Jawahar had demanded money for consumption of alcohol, when she resisted Hira Lal exhorted Jawahar to kill her, as she is a spoil sport. On this Jawahar poured kerosene oil upon Kewla Devi. When she tried to run away Hira Lal caught hold of her and Jawahar lit fire in her clothes due to which she started burning. On alarm being raised, the villagers tried to save her, then Ram Lal and Moti Lal threatened them that, whoever will come to rescue, will be killed. Kewla was admitted in hospital, and is in precarious condition. The Magistrate has recorded her statement. On this application, the Superintendent of Police directed the Station Officer, Police Station Gosainganj, Sultanpur to lodge FIR. On his direction, case crime no.1001 of 2006, under Section Sections 498-A, 307, 506 IPC, was registered at police station Gosainganj against Jawahar, Hira Lal, Ram Lal and Moti Lal. During investigation Kewla Devi died on 17.9.2006, so inquest report was prepared and dead body was sent for post mortem, and case was converted under Sections 498-A, 304-B, 506 IPC and Section of the Dowry Prohibition. After investigation charge sheet was submitted. Case was committed and charge was framed against all the accused persons. The accused persons pleaded innocence and claimed to be tired. The prosecution examined Videshi as PW-1, Ramkesh as PW-2, Mangaroo as PW-3, Dr. C.B.N. Singh Tripathi as PW-4, Dr. K.V. Singh as PW-5, Rajendra Chandra, Naib Tehsildar as PW-6, Martand Prakash Singh, Circle Officer as PW-7, Dwarika Prasad Yadav, C.P. No.916 as PW-8, and Tulsiram, C.P. 51 as PW-9. The statement of the accused person was recorded under Section 313 Cr.P.C. Marriage was admitted, but all other facts were denied.

(3.) The court below has, after going through the evidence on record, convicted the accused Jawahar Sections 498-A, 304-B, 506 IPC and Section of the Dowry Prohibition Act and Section 4 of the Dowry Prohibition Act and acquitted Ram Lal, Hira Lal and, Moti Lal from all the charged offences. Feeling aggrieved, this appeal has been filed by Jawahar.