NARAIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 28.5.1996 passed by Session Judge, Gonda in S.T. No. 315 of 1992, crime no. 165 of 1992 under sections 304-B, 302/34, 498-A I.P.C. And 4 D.P. Act, police station Colonelganj, District Gonda by which the appellant has been convicted under section 498-A I.P.C. for three years rigorous imprisonment only and acquitted from the other charges.

(2.) An F.I.R. was lodged by Smt. Shivpati alleging that her daughter Smt. Suneeta was married with appellant Sri Narain Singh three years prior to the incident. On account of poverty, she could not fulfill the demand of motorcycle made by accused-appellant on account of which her daughter was cruelly treated and harassed by the appellant and his family members. After two months of the marriage when appellant had gone to take back the daughter of the informant from her house then her daughter has refused to go with him as they were demanding the motorcycle from her but on the assurance given by the accused-appellant that no harassment would be caused to her daughter she after pacifying sent her with him. On 28.4.1992, she received an information from a person that her daughter has been burnt to death. On 29.4.1992, the informant reached at the place of occurrence and came to know about the fact that Venkat Raman Singh, the father-in-law of the deceased, Smt. Shanti Devi, mother-in-law of the deceased, Sri Narain Singh, the husband of the deceased and Shesh Narain Singh, brother-in-law have actively participated in the crime and set ablaze her daughter.

(3.) The F.I.R. of the incident was lodged on 29.4.1992 at about 11 a.m. at police station Colonelganj, District Gonda as crime no. 165 of 1992 under sections 304-B, 302/34, 498-A I.P.C. And 4 D.P. Act. The said F.I.R. was lodged on the written information given by Smt. Shivpati, mother of the deceased which was marked as Ex. Ka.-1 and on the basis of the same a chik F.I.R. Ex. Ka. 9 was prepared. The information was entered in the G.D. at its serial No. 17 of the said date, copy of which is marked Ex. Ka.-11. Before furnishing the written information (Ex. Ka.-1) an information was furnished by one Ram Ket Singh at the concerned police station on 27.4.1992 at about 1:20 p.m. to the effect that Smt. Suneeta Singh had died of burn injuries on 27.4.1992 at about 10:00 a.m. though Ram Ket Singh was not aware of the reason for death by burning. The information was entered in the G.D. at its serial No. 17 of the said date, copy of which is Ex. Ka.-11 on record. The inquest proceedings of the dead body had been conducted on 27.4.1992 at about 17-20 p.m. Vide Ex. Ka-2 and the dead body was thereafter along with the relevant papers, was sent for post mortem examination which was done at the mortuary, Gonda on 28.4.1992 at about 3-15 P.M. vide post mortem report (Ext. Ka.-8). The investigating officer prepared Naksha Nash Ex. Ka.-4, site plan of the spot Ex. Ka-14 and took into his possession the burnt clothes vide memo Ex. Ka. 12. One letter alleged to have been written by the deceased, was also collected from the informant and was sent for the report of the hand writing expert. After completing the investigation, the charge-sheet Ex. Ka.-15 was submitted on 7.5.1992.