VIDYA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 17.02.2010 passed by the learned Additional Sessions Judge, Court No.6, Mathura in Sessions Trial No.192/2008, convicting appellant Smt. Vidya Devi under Section 302 of IPC and sentencing her to undergo rigorous imprisonment for life with a fine of Rs.2,000/-, in default thereof, to undergo six months' additional imprisonment.

(2.) In the present case, the name of the deceased is Meena, wife of acquitted accused Mukesh. The appellant herein is a mother-in-law of the deceased. The marriage of deceased Meena was solemnized with Mukesh about three years prior to the date of occurrence, i.e. 15.08.2007 on which date, in between 7:00 pm to 8:00 pm, Meena suffered 96% burn injury. Immediately after the incident, she was taken to hospital where her dying declaration (Ex.Ka.12) was recorded on 16.08.2007 by (PW-6) Kapil Singh at 12:40 afternoon. Her medical examination was also conducted, vide Ex.Ka.13 on 15.08.2007 by Dr Nishant Jain, which has been proved by (PW-7) Vishav Dutt Gautam. In the meanwhile, on 16.08.2007, FIR, Ex.Ka.19 was lodged at 3:30 pm by (PW-1) Mordhwaj Singh against the appellant, her husband Hari Singh, Mukesh-husband of the deceased, Kailash and Jagdish, (brother-in-laws) Jeths of the deceased under Sections 307, 498A, 120B and 326 of IPC read with Section 3/4 of Dowry Prohibition Act.

(3.) After the death of the deceased, inquest on her dead body was conducted, vide Ex.Ka.4 on 21.08.2007 and the body was sent for post-mortem which was conducted on the same day, vide Ex.Ka.2 by (PW-3) Dr. R.S. Maurya and 96-97% burn injury was noticed on the body of the deceased, which is as under: