SMT. RAMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Maneesh Kumar Singh, learned counsel for the appellants, Shri Jyotinjay Verma, learned AGA and perused the record.

(2.) Both these appeals have arisen from the impugned judgment and order dated 12.4.2010 passed by the learned Sessions Judge, Raebareli in Sessions Trial No. 281 of 2006 arising out of case crime No. 15 of 2006 under sections 498A, 304 B Penal Code and Sec. 3/4 Dowry Prohibition Act, Police station Mohanganj, District Raebareli, whereby the accused Devendra Kumar Misra and Smt. Rama Devi alias Ramakanti were convicted and sentenced under Sec. 302 Penal Code for life imprisonment and fine of Rs. 10,000.00 each with default stipulation of one year's simple imprisonment. Both the accused were acquitted of the charges under sections 498A, 304B Penal Code and 3/4 Dowry Prohibition Act.

(3.) According to the prosecution version, complainant Ghanshyam Awasthi lodged a first information report on 9.3.2006 at police station Mohanganj, District Raebareli stating that her daughter Pooja was married to accused Devendra Kumar Misra in the month of Feb., 2005. On 8.3.2006 at about 4.00 p.m., Devendra Kumar Misra, the husband of deceased Pooja, Gudana (Nanad), Rama wife of Ganesh Shanker (Jedhani) caught hold of Pooja and poured kerosene oil upon her and put her to fire. Her daughter Pooja was eight months' pregnant. Just after the marriage continuously demands of fridge, colour T.V. and Rs. 50,000.00 cash were being made, but the complainant was not in financial condition to fulfil the demand. Case Crime No. 15 of 2006 under sections 498A, 326 Penal Code and Sec. 3/4 Dowry Prohibition Act was registered at police station Mohanganj, District Raebareli.