RAM KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by appellant, Ram Kishore s/o Mahadeen. Aggrieved by the judgment and order of conviction and sentence dated 31st Aug., 2001 passed by the Additional Sessions Judge, Ayodhya Case, Lucknow in Sessions Trial No.683 of 1997 arising out of Case Crime No.224 of 1988 under Sections 498-A and 304-B IPC, Police Station Sarojini Nagar, District Lucknow.

(2.) The Trial Court vide impugned judgment and order had acquitted four other accused of all charges and had only convicted only the accused-appellant under Sections 498-A and 304-B Penal Code and sentenced him to undergo 3 years' rigorous imprisonment with fine of Rs. 5,000.00 under Sec. 498-A and 10 years' rigorous imprisonment under Sec. 304-B IPC. It was further directed that both the sentences would run concurrently. In the event of non payment of fine, the accused would undergo 6 months further imprisonment.

(3.) The prosecution case, in brief, is that on 6th Dec., 1988, Ram Kumar, brother of the deceased, Krishna Kumari gave a written complaint, Exh.Ka-1 at Police Station-Sarojini Nagar, District-Lucknow alleging that deceased, Krishna Kumari was married to the accused-appellant in April, 1986. First year of the marriage was peaceful and thereafter, the accused and other family members started demanding one cycle, watch etc., as dowry items. After one year of marriage, the accused along with his four-five friends brought the deceased to her parental home and left her there. A Panchayat was organised to settle the dispute between the accused-appellant and the deceased and after the Panchayat, the deceased came back to her in-laws place. However, after 20 days thereafter, on 2nd Dec., 1988, the accused-appellant bet her with fists and kicks. It was further alleged that on 3rd Dec., 1988, the accused-appellant, his father, Mahadeen and Kallu sprinkled kerosene oil on the deceased and set her on fire. Later on, she was brought to Sarojini Nagar Hospital by Ram Vilas and his mother. After first aid, she was referred to Balrampur Hospital. During the course of treatment in Balrampur hospital, she died on 3rd Dec., 1988 at around 6:00 P.M. It was said that Ram Vilas and his mother saw the accused putting the deceased on fire.