NIVAS Vs. STATE OF U P

JUDGEMENT

(1.) This is a case of bride burning of young lady of 22 years of age for non-fulfillment of demand of dowry within four years of marriage. The accused/appellant Sri Nivas has challenged the judgment and order dated 24.07.1998 passed by Additional Sessions Judge, Unnao in Sessions Trial No.108 of 1995 whereby and whereunder the accused/appellant was convicted under Section 498-A IPC and was sentenced to one year's rigorous imprisonment. He was further convicted for the offence under Section 304-B IPC and was sentenced to undergo seven years' rigorous imprisonment with fine of Rs.2000/- with default stipulation of three months' rigorous imprisonment. He was also held guilty under Section 4 of the Dowry Prohibition Act and was sentenced to one year's rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The prosecution story, as unfolded in the complaint/first information report, is that one Smt. Kusuma Devi was married to accused/appellant Sri Nivas. On 09.05.1994 at about 02.00 O'clock in the night, the accused, as alleged, burnt the deceased Smt. Kusuma Devi for non-fulfillment of demand of golden chain, television and Rs.10000/- cash. The brother of the deceased namely Shiv Prasad, after getting the information, lodged the first information report on 09.05.1994 at about 09.30 AM in Police Station Maurawan in which he narrated that the marriage of the deceased with appellant had taken place just four years before the incident and after the marriage the accused/appellant continuously made a demand of golden chain, television and cash of Rs.10000/-, which could not be fulfilled due to worst condition of the complainant. The ornaments which were given to the deceased at the time of marriage were taken away by the accused and were not ret urned to the deceased. Before one year of the incident, the parties entered into compromise in the month of February and any how the appellant was consoled and was taken into confidence that the demand of dowry will be fulfilled in due course of time but on the following night of 09.05.1994 at 02.00 O'clock the complainant got an information that his sister has was burnt into fire and dead. The information was given to the police station by means of Ext. Ka-1 in writing which was taken and lodged as first information report and inquest report Ext. Ka-2 was prepared in accordance with rules where the opinion of the Panchayat was to the effect that before burning, some assault was caused on the body of the deceased. By means of Ext. Ka-3 an open container was recovered from the place of incident in which inflaming kerosene oil was kept and at the time of recovery it was reported by the police official preparing the document that the smell of kerosene oil was coming out from the container. The dead body was taken to mortuary for ante-mortem examination where in Ext. Ka-4 it was found that the deceased was about 22 years of age at the time of death and was of average built. Eyes were closed, mouth was open and there was a burn injury along the body except soles and right knee. Following injuries were noted in the post-mortem report:-

(3.) After investigation, the Investigating Officer submitted charge sheet against appellant Sri Nivas, Amrit Lal, Sumir and Nankau. Learned Chief Judicial Magistrate took cognizance and committed the case to the Court of Sessions where charges were levelled against all the accused persons under Sections 498-A, 304B IPC and Section ¾ of the Dowry Prohibition Act with alternative charge under Section 302/34 IPC.