STATE OF U P Vs. RAMA SHANKER KUSHWAHA

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 10-10-2000 passed by VI Additional Sessions Judge, Deoria in Sessions Trial No. 297 of 1998. It is a case of bride's death (Bachiya Devi wife of accused respondent No. 2 Ram Deo son of accused respondent No. 1 Rama Shankar). The accused respondent No. 3 Shyam Deo is elder brother of the husband of the deceased whereas accused respondent No. 4 Smt. Simarajiya is her mother-in- law. The accused respondent No. 5 Anirudh Brahm Deo was uncle-in-law of the deceased who died during the pendency of the appeal which came to be abated against him under order dated 4-10-2005.

(2.) WE first give a resume of the broad essentials of the case. The incident took place on 9-6-1998 at about 4 A.M. in the Sasural of the deceased situated in village Chhitrauli, P.S. Khampar, District Deoria. The F.I.R. was lodged on 10-6-1998 at 10.30 P.M. by Kishun Deo Kushwaha PW1 - brother of the deceased. The deceased had been married with Ram Deo about four years before the incident on 24-6-1994. Her Gauna had been performed three years later. She lived in her Sasural thereafter for about one year but during this period she was being harassed, assaulted and maltreated by the accused respondents for having not brought sufficient dowry. The informant's younger brother Awadhesh Kushwaha PW2 used to frequently visit the Sasural of his sister to whom she used to narrate the tale of her woe. 10-6-1998 had been fixed as the day of her Vidai from her Sasural for being brought to her parental home. The informant's brother went to the Sasural of his sister on 9-10-1998 in the evening but his sister was not found to be there. She had been burnt to death by the accused persons. The dead body had been buried at a little distance in a grove. Returning home, the younger brother of the informant informed the informant and other members of his family. Then Kishun Deo Kushwaha PW1 got a report of the incident scribed in the way and lodged it at the police station leading to the registration of the case and investigation.

(3.) THE prosecution examined Kishun Deo Kushwaha-informant PW1 (brother of the deceased), Awadhesh Kushwaha PW2 (another brother of the deceased), Kashi Nath PW3, Dr. K.D. Sharma, M.O. PW4, Head Constable Indradeo Singh PW5 and S.S.I. Ram Rekawa Yadav PW6 I.O. Two witnesses were examined by the defence also. Not finding the evidence of the prosecution to be believable as to the cause of death of the deceased by the accused by burning who were allegedly demanding dowry, the trial judge recorded acquittal.