VACHASPATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both these appeals arise out of common judgment and order dated 30.05.2008 passed by the Additional Sessions Judge/Fast Track Court No.2, Siddharth Nagar in S.T. No. 40/2005, so they have been heard together and decided by this judgment.

(2.) The aforesaid appellants have been convicted by the learned trial Court for the offence punishable under sections 498-A, 304-B IPC and section 4 of Dowry Prohibition Act and each of them has been sentenced to undergo rigorous imprisonment for two years with fine of Rs. 5,000/- under section 498-A IPC and 10 years' R.I. under section 304-B IPC. They have been further sentenced to undergo two years R.I. and fine of Rs. 5,000/- each with default stipulation for the offence punishable u/s 4 Dowry Prohibition Act.

(3.) The facts germane to these appeals are that on 13.12.2004 complainant Krishna Mani Mishra submitted a written report in P.S. Dumariyaganj, District Siddharth Nagar alleging that marriage of his sister Anjani was solemnized with Vachaspati Pandey s/o Ram Nivas Pandey about two years ago and second marriage (Gauna) was performed on 29.04.2004. In the marriage they have given sufficient dowry and his sister was performing her marital obligations. However, her mother-in-law Gulabi Devi, father-in-law Ram Nivas, husband Vachaspati Pandey and sister-n-law Sangeeta @ Phoolmati used to taunt and harass her on account of demand of dowry. The accused persons after beating the victim left her at the house of the complainant on 23.09.2004. Thereafter the complainant and his father went to the accused persons and requested them, whereupon the brother-in-law (Jeth) Ashwani Kumar Pandey took her back promising that she would not be harassed. It was further stated that 8-9 days ago the complainant went to meet his sister where all the accused persons demanded a she-buffalo and Rs. 5,000/- and threatened him to face the consequences if their demand is not fulfilled. The complainant returned back home after mentioning their poor condition to the accused persons. The report further stated that in the night of 11.12.2004 at about 3.00 A.M. all the accused persons set her ablaze by pouring kerosene and after admitting her in District Hospital, Basti have absconded and they have not even informed them about the incident. Thereafter the complainant went to District Hospital and found his sister in serious and critical condition where she succumbed to the injuries in the night of 12.12.2004 at about 2 o'clock. The complainant along with his written report submitted the photo copy of the injury report of his sister in the police station. On the basis of this report case under sections 498A, 304B and 3/4 Dowry Prohibition Act was registered, investigation whereof was entrusted to C.O. Dumariyaganj. The inquest upon the cadaver of the deceased was conducted by the police at 10.00 A.M. on 13.12.2004 on the basis of the information received from the hospital. After inquest proceedings the dead body of the deceased was sent for post mortem examination along with usual papers. Dr. Bhavnath Pandey conducted autopsy at 3.30 P.M. on 13.12.2004. The doctor found that the deceased was average built. Her eyes were closed and mouth was open. Hospital bandage was present on left lower limb and adhesive tapes were applied over both dorsal aspect of hand. Rigor mortis was present over all four limbs. Smell of kerosene was present in hairs. The doctors have noted the following ante-mortem injury on the person of the deceased: