SANTOO @ SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The challenge in this appeal is the judgment and order dated 08.08.1995, passed by the Ist Additional Sessions Judge, Kheri in Session Trial No.219 of 1990, under Sections 498-A, 306 & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, relating to Case Crime No.66 of 1988, Police Station-Maigalganj, District-Kheri, by which, the appellant has been convicted for the offence punishable under Sections 498-A, 306 & 304 -B I.P.C.

(2.) The facts in brief of the case are that the complainant, Jagdish, lodged the First Information Report on 29.07.1988 stating therein that his daughter was married to Santosh @ Santoo (appellant) and he had given the dowry in the marriage, but the appellant along with his family members continued to torture his daughter and on 29.07.1988 they again castigated his daughter, abused and quarreled with her, due to which at about 12:00 noon she committed suicide by pouring Kerosene oil upon her. Upon her alarm, her sister-in-law (Jethani) Smt. Reshma also raised alarm and tried to defuse the fire. She was brought to Aurangabad Hospital, but could not survive. Upon which the case at Case Crime No.66 of 1988 was registered. The inquest report was also prepared on the same day and she was subjected to post-mortem also. After investigation the charge-sheet was filed against four accused persons including the appellant and they were charged for the offence punishable under Sections 498-A, 306 and 304-B I.P.C. The appellant denied the charge and claimed trial. The prosecution has examined Jagdish the complainant as PW-1, who has corroborated the contents of the First Information Report and has stated that the appellant used to torture and caused cruelty to her daughter in connection with demand of dowry. On the date of incident, she poured the Kerosene oil upon herself and inflicted fire. Upon the information he also went on the spot and at that time she was alive. She was brought to hospital but she had died. He has further stated that she was tortured for demand of dowry. He has further stated that he got scribed the First Information Report by Ved Prakash Shukla and put his thumb impression. The First Information Report has been proved as Ext. Ka.1.

(3.) Smt. Reshma PW-2, who is sister-in-law (Jethani) of the deceased, has also supported the statement of the complainant stating that she resided alongwith the deceased and all the accused persons castigated, abused and quarrelled with the deceased for demand of dowry and on the date of incident she was also beaten, due to which, she has poured the Kerosene oil upon herself and caused fire. She had also narrated the incident to the complainant.