LAL BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Lal Bahadur son of Jagnu, Ram Sajiwan son of Lal Bahadur, Ram Pyarey son of Lal Bahadur and Smt. Sonawati wife of Lal Bahadur filed this appeal against the judgment and order dated 07.09.1993, passed by III Additional Sessions Judge, Unnao In Sessions Trial No.148 of 1991, convicting the appellants under Sections 306 I.P.C. and sentencing them to undergo rigorous imprisonment for three years and further convicting them under Section 498-A I.P.C. and sentenced to undergo rigorous imprisonment for one year and under Section 4 of Dowry Prohibition Act sentencing to undergo rigorous imprisonment for six months.

(2.) During pendency of appeal, appellant no.1, Lal Bahadur and appellant no.4, Smt. Sonawati died and appeal abated against them by Court order dated 25.07.2012.

(3.) The prosecution case in brief is that the informant, Shiv Prasad Shahu on 27.09.1990, at about 15.10 hours filed a written report at Police Station-Ajgain, District-Unnao alleging therein that father-in-law (Lal Bahadur i.e. the appellant no.1 herein, since dead) of her daughter (Smt. Kushma Devi) taken her to his house on 25.09.1990, but in the night of 26/27.09.1990 all the accused persons set fire his daughter (Smt. Kusuma Devi) and thereby murdered her. After the marriage of his daughter the accused persons started demanding golden chain and bufallow and used to ask to bring the said dowry otherwise they would kill her. Due to this reason, the informant did not send his daughter to the house of accused persons for the last one year, but when on 25.09.1990 Lal Bahadur came to the house of informant and on his taking responsibility of the deceased he sent his daughter with the accused-Lal Bahadur. The informant came to know on 27.09.1990 that on preceding night the accused-persons using kerosene oil set fire on the deceased and she died. The First Information Report (in short F.I.R.) under Section 498-A, 304-B of I.P.C. and 3/4 of the Dowry Prohibition Act was registered at Case Crime No.390 of 1990, at Police Station-Ajgain, District-Unnao. Before lodging of the said F.I.R. on the same day at 10.45 a.m. one Ram Balak resident of village of the accused-persons submitted information in writing that deceased had committed suicide. The entry was made in the G.D. and S.O. Shri B.R. Verma proceeded towards the spot and basic formalities of Panchnama etc. were conducted by him and body was sealed and sent for postmortem. After registration of F.I.R., the investigation was transferred to Deputy Superintendent of Police, Shri Kishan Singh who after completing investigation submitted charge-sheet against the accused-persons under Section 498-A and 304-B of I.P.C. and Section 3/4 of Dowry Prohibition Act.