BHANMATI @ RAMRATI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Santosh Kumar Tiwari, learned counsel for the appellant and Sri Saghir Ahmad, the learned A. G. A. along with Mr. Virendra Pratap Yadav, the learned A. G. A. and Mr. Chandrajeet Yadav, the learned A. G. A. for the State.

(2.) The appeal arises out of the conviction of the appellant in Sessions Trial No. 455 of 2011 in Case Crime No. 65 of 2011, where the appellant as well as her son Bechai Gupta alias Bechan Gupta were both charge sheeted initially for the offences under sections 498A, 304-B, 201 IPC and sections ' Dowry Prohibition Act. Later on after the death of the injured Smt. Priyanka, an additional charge was framed under section 302/34 IPC, for which the trial proceeded and the evidence was led. The Trial Court after having assessed the entire evidence relied heavily on the dying declaration of the deceased Smt. Priyanka that was recorded on 28. 3. 2011 and proceeded to deliver it's verdict.

(3.) The Trial Court found the dying declaration to have been corroborated by the other evidence on record, and consequently on assessment, acquitted the accused Bechan Gupta, the husband of the deceased, but convicted the appellant the mother-in-law under section 302 IPC and sentenced her with life imprisonment along with Rs. 10,000/- fine and in default, to undergo six months additional imprisonment. Half of the fine so imposed was to be given to the husband of the deceased. The appellant was acquitted of the offences under sections 498A, 304-B, 201 IPC and section ' of Dowry Prohibition Act.