SAUDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 01.07.2011 passed by Addl. District Judge, Court no.-16, Bulandshahar in S.T. No. 297 of 2009, State Vs. Raj Kumar and four others, case crime no. 655/ 2008, under sections 498A, 304-B IPC and 3/4 of D.P. Act, p.s. Khurja Nagar, district Bulandshahr.

(2.) Sri Anvir Singh, Advocate appeared on behalf of appellants, and for respondent side AGA appeared. Heard rival contentions and perused the records.

(3.) The prosecution case in brief was that marriage of Neeraj Kumari daughter of Ram Swarup (complainant) resident of village Sabtaj Nagla p.s. Akrabad, Aligarh was solemnized with Raj Kumar son of Saudan Singh, resident of Bilkhaura p.s. Sashani, district Hathras in the year 2006. In this marriage, complainant Ram Swarup had spent Rs. 1.25/- lacs and given dowry, but Raj Kumar (husband of Neeraj Kumari), Saudan Singh (father-in-law), Sri Devi (mother-in-law), Shiv Kumari (Sister of Raj Kumar), Angoori Devi (Sister of Raj Kumar), Kanchan Singh (husband of Angoori Devi), Bablu, Mukesh, Pappu (Son of Kanchan Singh) were unhappy with dowry. These persons used to harass Neeraj Kumari for the demand of additional dowry in the form of one motor-cycle and Rs. 20,000/- cash. Earlier, they had expelled Neeraj Kumari from their house for demand of dowry, but on persuasion by complainant, they had permitted Neeraj Kumari to come in their house. On 24.06.2008 at about 11.00 a.m, in the day, these persons had sprinkled kerosene oil on Neeraj Kumari and burnt her, due to which, she was seriously injured. This incident was informed to the complainant on 25.06.2008, then he alongwith his brother Rajpal visited Ram Singh Bara, Khurja to see his daughter Neeraj Kumari. There Neeraj Kumari told that above named persons of her husband's house had sprinkled kerosene oil and burned her for demand of dowry of motor-cycle and Rs. 20,000/- cash . Then brother of complainant went his village and came with 14-15 persons and taken Neeraj Kumari by a vehicle to Khurja Hospital, from where, Neeraj Kumari was referred to Aligarh Medical College. When complainant went to report the matter in police station Khurja, he was asked to report the matter in district Aligarh, then complainant Ram Swarup had given an application dated 14.07.2008 to S.S.P. Aligarh informed that his daughter is still under treatment in Aligarh Medical College. On the basis of this type of written report of complainant, Ram Swarup Jatav, FIR was lodged in Aligarh and thereafter investigation was transferred to p.s. Khurja of district Bulandshahr. It is noteworthy that when Neeraj Kumari was admitted in Aligarh Medical College, her dying-declaration was recorded by Additional City Magistrate, Aligarh on 25.06.2008, thereafter, Neeraj Kumari had succumbed to burn injuries and died on 08.08.2008. After investigation, investigating officer had submitted charge sheet against five persons, namely, Raj Kumar, Saudan Singh, Sri Devi, Kanchan Singh and Angoori Devi for offences under Section 498, 304 B and 3/4 D.P.Act. All five accused persons were charged for offences under Section 498, 304B IPC and 3/4 D.P.Act, they had denied charges and claimed for trial. Later on alternative charge of Section 302 read with Section 149 IPC was framed by the Court against all accused persons, they denied the charges and claimed the trial.