CHHOTE LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals are directed against a composite judgment and order of conviction and sentence dtd. 30/9/2021, passed by the Additional Sessions Judge (Fast Track Court-I), Banda in Session Trial Nos.65 of 2015 (State Vs. Chhangu and others) and 178 of 2015 (State Vs. Punna alias Puran and another), arising out of Case Crime No.156 of 2014, Police Station Pailani, District Banda, whereby the accused appellant Chhangu has been convicted and sentenced to life imprisonment under Sec. 304-B IPC, as well as accused appellants Chhote Lal, Shiv Mohan, Punna @ Puran and Urmila have been convicted and sentenced to seven years imprisonment under Sec. 304-B IPC; all the accused appellants Chhangu, Chhote Lal, Shiv Mohan, Punna @ Puran and Urmila have been convicted and sentenced to three years imprisonment alongwith fine of Rs.10,000.00 each under Sec. 498-A IPC and on failure to deposit fine to undergo additional imprisonment for two months each; two years imprisonment alongwith fine of Rs.10,000.00 each under Sec. 4 Dowry Prohibition Act and on failure to deposit fine to undergo additional imprisonment for two months each.

(2.) Incident in the present case occurred on 3/9/2014 when the deceased (wife of the accused appellant Chhangu) allegedly sustained burn injuries, as a result of which she died. The inquest was conducted on 3/9/2014 on the basis of information given by the husband Chhangu at 1.10 pm. The inquest was conducted between 3.00 pm to 4.30 pm on 3/9/2014 itself. The inquest witnesses included the accused appellant Chhangu. In the opinion of the inquest witnesses the deceased had poured kerosene on herself, as a result of which she died, due to burn injuries. The body was sealed and sent for postmortem, which was conducted on the next day i.e. 4/9/2014. The postmortem report is on record, as per which the cause of death is antemortem burn injuries. Following injuries have been found on the body of the deceased:-

(3.) The record reveals that information was given to the family members of the deceased as well as the police on the date of incident itself. Though the proceedings of inquest and postmortem were undertaken yet no FIR was lodged in the matter. The family members of the deceased were also present at the time of inquest etc. The last rites of the deceased were also performed by the accused appellant Chhangu in the presence of family members of the deceased.