SHYAM PYARI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by appellants Smt. Shyam Pyari, Meeta Rajbhar, Shyam Jeet Rajbhar and Ram Jeet Rajbhar against judgment and order dated 19.7.2001, passed by Additional District & Sessions Judge, Varanasi in Sessions Trial No. 938 of 1998, State v. Ram Jeet Rajbhar and 5 others, under Section 304-B/34 and 498-A, IPC and Section 3/4, Dowry Prohibition Act, P.S. Jansa, District Varanasi, whereby all appellants except Shambhu Rajbhar and Amravati have been convicted and sentenced under Section 304-B read with Section 34 of IPC to undergo imprisonment for life and under Section 498-A to undergo rigorous imprisonment for three years as well as under Section 3/4, Dowry Prohibition Act to undergo rigorous imprisonment for three years. All sentences have been directed to run concurrently. But accused Shambhu Rajbhar and Smt. Amravati have been acquitted of above charges framed against them.

(2.) Prosecution case briefly described in FIR is that Gita Devi aged 20 years, sister of informant Munna Lal Rajbhar was married with appellant Ram Jeet Rajbhar, son of Meeta, resident of Village Titkhauri, P.S. Jansa, District Varanasi about three and half years before this occurrence, in which informant parted with dowry according to his capacity. The family members of bridegroom thereafter continued to make demand of money, utensils, television and golden ornaments. On 26.1.1997 in the afternoon Shambhu Rajbhar, brother-in-law of appellant Ram Jeet informed the informant Munna Lal Rajbhar at his house about his sister Gita being seriously ill, at which informant along with his younger brother Bachau @ Dau reached Titkhauri and came to know that his sister was in burnt condition and confined in a kothri of weaving factory near house of accused persons. The informant etc. then found their sister Gita lying in burnt condition on a cot, at which they got her admitted in Kabir Chora Hospital at 9 PM. The victim Gita made her statement before them that her husband Ram Jeet Rajbhar and his elder brother Shyam Jeet Rajbhar had been pressurising her to bring Television for last ten days and on 25.1.1997 at about 9 PM, they sprinkling kerosene oil burnt her by setting fire and also confined in the said kothri and on the alarm raised by her the inhabitants of nearby places took her out and carried to a doctor at Akelwa crossing and again brought her to the house at about 11 PM. The accused persons did not get her treated because they intended to kill her.

(3.) The victim Gita was then brought by informant party to S.S.P.G. Hospital and was medically examined on 26.1.1997 at 9 PM vide medical report (Ex. Ka 3) and admitted for treatment. On the basis of written report (Ex. Ka 1) lodged by Munna Lal a case under Section 307/506/498-A, IPC and Section 3/4, Dowry Prohibition Act was registered at P.S. Jansa on 28.1.1997 at 1 PM and investigated by the police.