SUSHILA Vs. STATE OF U. P.

JUDGEMENT

(1.) The Present Criminal Appeal under Sec. 374(2) Cr.P.C. has been filed by the convicts/appellants against the Judgment and Order dtd. 6/9/2012 passed by Sri Faridul Haq, the then Additional Sessions Judge, Court No.3, District Faizabad in Sessions Trial No.11 of 2011 (State Vs. Satish Pandey And Ors.) arising out of Case Crime No.858 of 2010, under Ss. 498-A, 304-B, I.P.C. and Ss. 3/4 Dowry Prohibition Act, Police Station Poorakalandar, District Faizabad whereby convicting and sentencing all the appellants to undergo two years simple imprisonment under Sec. 498-A I.P.C. and a fine of Rs.2,000.00 on each appellants and in default of payment of fine two months more simple imprisonment. Life imprisonment under Sec. 302 r/w Sec. 34 I.P.C. and fine of Rs.5,000.00 on each appellants and in default of payment of fine six months more simple imprisonment. All the sentences will run simultaneously.

(2.) Wrapping the facts of the case in brief, the marriage of the daughter of informant was solemnized with accused-appellant Satish Pandey S/o Shri Laxmi Chand Pandey on 29/4/2007. At the time of marriage, one motorcycle and Rs.70,000.00 cash were demanded as additional dowry by the accused-appellants but the ceremonies of marriage of his daughter completed on the intervention of relatives. Later on same demand was made at the time of Gauna and the same was performed on 25/11/2009 on the intervention of relatives. When his daughter came for the first time after her marriage, she informed that she was being beaten by her in-laws for the demand of dowry. She went by her in-laws again and again to her matrimonial home and sent back. On 6/9/2010, he was informed that his daughter was admitted in District Hospital, Faizabad and when he reached there he saw that his daughter was wholly burnt out and no one was present there to attend her in the hospital from the side of her husband. On the enquiry, his daughter told that her husband Satish Pandey, sister-in-law (bhabhi) Neha Pandey, sister-in-law (nanad) Suman, brother-in-law (devar) Awadhesh, father-in-law Laxmi Chand Pandey and mother-in-law Sushila @ Annapurna by pouring kerosene oil has set her ablaze. The dying declaration of his daughter was recorded the day before i.e. on 7/9/2010 at about 02:30 p.m.

(3.) On the basis of written report F.I.R. as Ext. Ka-1 was registered, chik report as Ext. Ka-14 was prepared and the same was endorsed in G.D. No.18 on the same day. Inquest upon the corpse of the deceased was conducted on 6/9/2010 by Sub-divisional Magistrate, who prepared inquest report as Ext. Ka-3 and other relevant papers i.e. photo nash, challan nash, letter to C.M.O., letter to R.I. were also prepared and sent the corpse of the deceased for autopsy. Autopsy was conducted on the same day at about 9:45 p.m. by Dr. R.P. Rai.