SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 30.04.2015 passed by the Additional Sessions Judge, Court No.2, Mahoba in S.T. No.111 of 2013 (State of U.P. Vs. Surendra Singh and others), arising out of Case Crime No.481 of 2013, convicting the appellant under Section 302 of I.P.C. and sentencing him for life imprisonment and to pay a fine of Rs.40,000/- in default thereof to undergo additional rigorous imprisonment for two years.

(2.) In the present case, name of the deceased is Rubi, wife of the accused appellant. Their marriage was solemnized on 25.04.2012 and she suffered burn injury in her matrimonial house on 27.04.2013. Immediately after the incident, Rubi was taken to the hospital where she was medically examined vide Ex. Ka-2 and 70% burn injuries have been noticed by the doctor examining her. On 27.04.2013 itself, dying declaration of the deceased was recorded by PW-7 Ompal Singh, the Executive Magistrate. Considering her critical condition, from Mahoba she was taken to Jhansi on 27.04.2013 itself where she was hospitalized in Medical College, Jhansi. On 28.04.2013, she was taken to Gwalior in a private hospital where she remained till 04.05.2013 where she succumbed to her burn injuries. At Gwalior, yet another dying declaration of the deceased was recorded by PW-11 Umesh Chandra, Executive Magistrate vide Ex. Ka-12. On 11.05.2013, a written report Ex. Ka-1 was made by PW-1, Indrapal Singh, father of the deceased, alleging that since the date of marriage, there was demand of dowry on the part of the accused persons and that she was subjected to cruelty. He further alleged that the deceased has been burnt by the accused persons. Based on this report, FIR Ex.Ka-3 was registered against as many as five accused persons, namley, Surendra Singh, present appellant, Pushpendra, brother-in-law (Dewar) of the deceased, Brijendra @ Shivpal, uncle-in-law of the deceased, Ramrati, mother-in-law of the deceased and Sangeeta, married nanad of the deceased, under Sections 498-A/304-B of I.P.C. read with Section 3/4 of Dowry Prohibition Act. In the meanwhile, on 15.05.2013 inquest on the dead body of the deceased was conducted vide Ex.Ka-13 and the dead body was sent for postmortem, which was conducted by PW-10 Dr. Nikhil Agrawal vide Ex. Ka-11. The autopsy surgeon has noticed 80% burn injuries on the body of the deceased and according to him, the cause of death is due to cardiac respiratory failure.

(3.) While framing charge, the trial Judge has framed charges against all the accused persons under Sections 498-A, 304-B of I.P.C. read with Section 4 of the Dowry Prohibition Act and alternate charge under Section 302/34 of IPC.