(1.) THE appellant Smt. Jai Devi has been convicted by Additional District Judge, Court No.1, Sitapur in Session Trial No.818/98, decided on 09.07.2004, whereby she has been sentenced to undergo rigorous imprisonment of one year under Section 498 -A IPC and a fine of Rs.2,000/ - has also been imposed on her and in case of non -payment of fine, she has further been sentenced to undergo simple imprisonment of six months.
(2.) AS per prosecution case, the informant Murlidhar Dwivedi lodged an FIR with the allegation that her daughter was married to Parmanand about five years prior to the occurrence. The husband of her daughter as well as other members of his family have always been treating her with cruelty and have been demanding additional dowry. The occurrence took place on 08.03.1988, when the informant received an information that her daughter was admitted in the hospital. When the informant reached the hospital, he found his daughter admitted in the hospital, who on being asked as to what had happened, she told that the appellant and other accused -persons physically assaulted her on the day of "Holi" and, thereafter they put her on fire. The informant immediately rushed to the Police Station and lodged an FIR. The police, on the basis of the FIR, registered a case against the appellant and other accused -persons and started investigation. However, the daughter of the informant died on 16.05.1988. The police after investigation submitted charge -sheet against the appellant and other accused -persons. The prosecution examined three witnesses during trial and the learned trial court, on the basis of the evidence on record, did not find any evidence of dowry death and acquitted the accused -persons of the charge under Section 304 -B IPC. The co -accused Amresh was also acquitted of all the charges but the appellant was found guilty of the offence of demand of dowry and cruel treatment to the deceased. She was, therefore, convicted under Section 498 -A IPC.
(3.) I have heard learned counsel for the appellant and Mrs. Zeba Islam Siddiqui, learned AGA for the State.