SURESH KUMAR SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 30-4-1996 passed by Sri C. P. Mishra, sessions Judge, Rae Bareli, convicting the appellant under Section 304-B I. P. C. and sentencing him to undergo rigorous imprisonment for seven years and also convicting him under Section 498-A I. P. C. and sentencing him to undergo three years' rigorous imprisonment and a fine of Rs. 2000/-, in default six months' rigorous imprisonment.

(2.) THE facts stated in brief are that Srimati asha Devi was married to the appellant suresh Kumar Singh in the year 1987 and after marriage the appellant, his younger brother and elder sister subjected her to torture for the alleged demand of dowry. This fact was told by the victim prior to her death to the complainant (elder brother) whenever she came to her mother's house. There was an additional demand of dowry for golden ring, golden chain and an amount of Rs. 5000/ -. About one year prior to the incident the appellant tried to set her on fire due to which she sustained several burn injuries and the elder brother (complainant) got her medically treated. He also requested the appellant and his family members not to ill treat his sister. On 8-12-1993 one neighbour of the appellant, namely Chauhan, informed the complainant that his sister has been burnt to death by the appellant and his family members and they are trying to dispose of the dead body. The complainant immediately rushed to the spot and found his sister lying dead having serious burn injuries. He, therefore, immediately lodged the F. I. R. at Police Station Deeh on 8-12-1993 at 5. 10 p. M. naming the appellant, his brother Zila jeet Singh and elder sister Smt. Kusuma. After registration of the case the investigation started and the I. O. proceeded to the spot on 9-12-1993 along with Tehsildar-Magistrate. The inquest report was prepared on the same day at 1. 30 P. M. and the statement of the complainant was recorded and the site plan was prepared on the spot. It was found that the evidence was destroyed on the spot by getting the floor washed by cow dung and none of the accused persons was present in the house except mother-in-law. Even the burnt clothes were given by the mother-in-law by getting them from outside the house. Then the I. O. recorded the statements of brother of the deceased and other witnesses such as Head Constable prem Narain Rai and Dr. Ashutosh, who conducted post mortem of the dead body, and s. I. Sri R. P. Singh. He also recorded the statements of the accused persons and finally, after completion of the investigation, he submitted charge sheet against all the three persons under Section 304-B and 498-A I. P. C. The offences being triable by the court of session the accused persons were committed to the court of session vide order dated 20-5-1995 and there the charges under Sections 304-B and 498-A I. P. C. were framed against them to which they pleaded not guilty and claimed trial.

(3.) IN order to prove its case the prosecution examined Ajmer Singh, the complain-ant (elder brother of the victim) (P. W. 1), another brother of the victim, Anant Bahadur singh (P. W. 2), Dr, Ashutosh Gupta who conducted the post mortem (P. W. 3) (as per opinion of the doctor the death was caused due to ante mortem burn injuries and due to shock ). It was also mentioned in his report that first to third degree burns were present on front and back of skull, neck, front and side of whole chest with upper part of abdomen, left axilla and arm, right anxilla and whole arm and back of shoulder and scapular region with exholate and pus coming out from right elbow region. Total burn about 40% ). Raj Kumar Singh, the investigating officer, was examined as P. W. 4.