(1.) Heard Shri Ramakar Shukla, learned counsel for the appellant and Shri Rajesh Kumar Shukla, learned A.G.A. for the State.
(2.) The instant criminal appeal has been filed by Jai Shakar Shukla against the judgment and order dtd. 17/10/1994, passed in Sessions Trial No.19 of 1992 (State Vs. Jai Shanker Shukla and Another) by the Special Judge, Unnao convicting the appellant under Sec. 498-A I.P.C. and sentencing him to rigorous imprisonment for one year and to pay a fine of Rs.1000.00 and in case of failure of payment of fine, further rigorous imprisonment for one year and further convicting the appellant under Sec. 304-B I.P.C. and sentencing him to undergo rigorous imprisonment for ten years. It has further been provided that all the sentences would run concurrently.
(3.) Learned counsel for the appellant submitted that the appellant has been wrongly and illegally convicted and sentenced. He submitted that the offences under Sec. 498-A and 304-B of the Indian Penal Code (hereinafter referred as IPC) could not be proved against the appellant and there was no charge under Sec. 3/4 of the Dowry Prohibition Act because no witness supported the prosecution case. He further submitted that five witnesses were produced in support of the charge, out of which PW-4 and PW-5 are chance witnesses and the conviction has been made solely on the evidence of PW-4, whose testimony is also hearsay evidence. He also submitted that PW-4 and PW-5 did not tell the date and time of the incident. PW-4 was not shown in the site plan and he did not identify the victim, therefore, his presence itself is doubtful. It has further been submitted that the deceased suffered 100% burn injuries as per the postmortem report, therefore, she could not have been in a position to speak anything. However, PW-4 on the basis of a statement allegedly made by the deceased to some person, stated that she was burnt by her husband and in-laws due to the non-fulfillment of demand of dowry, conversely, her father and mother have not supported the factom of demand of dowry. Thus, it has been submitted that the prosecution failed to prove the offences levelled against the appellant.
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