PINTOO AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) CRIMINAL Appeal No. 502 of 2011 has been preferred by appellant Pintoo alias Dinesh and Criminal Appeal No. 8093 of 2010 has been preferred by Smt. Rani. Since both the appeals arise out of the same judgement, hence the same are being disposed of together by a common judgment.

(2.) LEARNED counsel for the appellants, learned A.G.A. were heard in detail and we have perused the lower court record.

(3.) IN brief, the case of the prosecution was that, marriage of deceased Smt. Renu, who happened to be the daughter of complainant Om Prakash was solemnized about five months prior to her death. Sufficient dowry was given in the marriage and after one month of her marriage, his son in law (appellant Pintoo alias Dinesh) and his parents asked the deceased to bring Rs. 50,000/ - in dowry from her father. Renu (deceased) came to her father several times and disclosed about such behaviour of the appellants. On few occasions, the complainant borrowed some money and made payment of Rs. 4,000/ - 5,000/ - on two -three occasions. On 22.9.2006, the accused persons, again forced the deceased to go to her parental house and bring Rs. 50,000/ -. The deceased replied that financial condition of her father was not good and he is unable to make payment of Rs. 1,000/ - so she will not go to demand money from him. On her such reply, she was treated with cruelty and appellant Smt. Rani asked appellant Pintoo alias Dinesh to bring kerosene oil and thereafter Pintoo alias Dinesh poured kerosene oil on her and set the deceased ablaze. When the deceased started running here and there because of the fire, then her mother in law (appellant Smt. Rani) poured water on her and she was taken to Hallet Hospital. The complainant after getting information of this incident immediately rushed to Hallet Hospital. Smt. Renu, after regaining her senses, told the complainant as to how she was treated with cruelty in connection with demand of dowry and ultimately on 22.9.2006 she was beaten very badly and was set ablaze after pouring kerosene oil on her. On 24.9.2006 her dying declaration was recorded. The complainant after the death of his daughter lodged F.I.R. of this case on 28.9.2006 at 17:30 hours.