RAM KISHORE DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 05.12.2001 passed by 3rd Additional Sessions Judge, Faizabad, in Sessions Trial No.379 of 1992 arising out of Case Crime No.604 of 1991, Police Station Akbarpur, District Faizabad, whereby appellant Rajnish Kumar Dubey was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and the remaining appellants namely Ram Kishore Dubey, Harish Kumar Dubey and Smt. Nanka Devi were convicted for the offence under Section 302 IPC read with Section 34 IPC and were sentenced to undergo imprisonment for life. All four appellants were convicted for the offence under Section 498 -A IPC and were sentenced to undergo rigorous imprisonment for a period of two years each. All the sentences were directed to run concurrently.

(2.) APPELLANT Rajnish Kumar Dubey happens to be the husband of the deceased, appellants Ram Kishore Dubey and Smt. Nanka Devi happen to be the father -in -law and mother -in -law of the deceased and appellant Harish Kumar Dubey happens to be Devar of the deceased.

(3.) IN brief, the case of the prosecution was that Devendra Kumar Pandey (father of the deceased) lodged first information report of this case at Police Station Kotwali Akbarpur District Faizabad on the same day i.e. 11.11.1991 at 10.50 AM. The incident of this case is alleged to have taken place in the intervening night of 10/11.11.1991 between 03.30 to 04.00 AM. The distance from the place of occurrence to the Police Station was 11 kilometers. In the first information report, which was scribed by one Surya Prakash Yadav, it was alleged that the marriage of deceased Suman Devi was solemnized with Rajnish Kumar Dubey about 7 -8 years ago. On 11.11.1991 at about 05.30 AM one Sirtazi Kaharin, a resident of the village of the complainant, told the complainant that his daughter Suman Devi has received serious burn injuries in her in -laws house. Getting this information, the complainant along with his elder brother Brijraj reached the village of the appellants. He found that his daughter, Suman Devi, was lying in a burnt condition and only the mother -in -law of the deceased was present in the house. The complainant managed a Jeep and thereafter he took the deceased to Akbarpur hospital. Appellants Rajnish Kumar Dubey and Harish Kumar Dubey also reached the hospital on a scooter. While she was being taken to the hospital, the deceased, who was alive by that time, told the complainant that her father -in -law Ram Kishore Dubey, mother -in -law Smt. Nanka Devi, her husband Rajnish Kumar Dubey and Devar Harish Kumar Dubey have set her ablaze after pouring kerosene oil on her and she was being harassed in connection with demand of dowry. The complainant had earlier lodged a case against the appellants regarding demand of dowry. In the hospital at Akbarpur, the doctor advised him to take her to district hospital Faizabad. Thereafter, the brother of the complainant took the deceased to Faizabad and the complainant lodged this first information report at the police station. On the basis of this first information report, case was registered and investigation proceeded. During the period of treatment, dying declaration of the deceased was recorded by the Tahsildar/Magistrate on 11.11.1991 and the place of occurrence was inspected and a tin of kerosene oil, lantern, plastic can with kerosene oil, a half burnt Kathari and a match box were recovered from the place of occurrence and its memo was prepared. Smt. Nanka Devi was arrested on 12.11.1991. Inquest proceedings of the deceased took place on 12.11.1991. The dead body of the deceased was sent for postmortem which was conducted on 13.11.1991 at 02.50 PM. As per postmortem report, second degree burn injuries on the whole body and smell of kerosene oil were present and the cause of death was shock as a result of anti -mortem burn injuries.