YOGENDRA KUMAR SANGAL,J. - (1.) ALL these aforesaid appeals were filed by the accused of S.T. No. 681/1995 State vs. Jagdamba and etc., under Sections 498-A and 304-B IPC, P.S. Pura Qalander, Faizabad against the judgment and order dated 15.04.1999 passed by VIIIth Additional Session Judge, Faizabad convicting the appellants to undergo R.I. for 10 years to each under Section 304-B IPC and two years R.I. under Section 498-A IPC and to pay a fine of Rs. 1,000/- each and in default of payment of fine, six months R.I. in addition. All these sentences of the accused-appellants ordered to run concurrently.
(2.) AS per prosecution case, marriage of Smt. Vijay Laxmi grand-daughter of the informant Rajkaran PW-1 had taken place with the accused Ramakant in the year 1989. Out of their wedlock, a son namely Sonu at present aged 1 ½ years was born who is living in his "Nanihal" along with informant etc. For non-fulfillment of demand of dowry i.e. for Scootor, all accused harassed, tortured and treated her with cruelly. On 21.09.1994 at about 5'O clock in the morning after sprinkling kerosene oil on the body of Smt. Vijay Laxmi, accused persons have put her on fire. Only when village persons pressed them, they got her admitted in the hospital and her parent were informed. They reached at the hospital. In the same night at 11.30 PM, she expired. On report by PW-1, a case was registered against all the four accused persons namely Ramakant, his father Gorakhnath, brother Jagannath and brother's wife Smt. Savitri Devi. Police of P.S. concerned started investigation in the matter. Earlier after her death in hospital, police was informed by hospital officials. Police persons reached there. Panchnama, photo lash, challan lash and letter to C.M.O., for post-mortem were prepared. Dead body was sent for post-mortem. Dr. K.N. Srivastava PW-3 conducted the post-mortem of the body and prepared the report Exhibit-Ka-2. In the opinion of the Doctor, she received burn injuries resulted in her death. Statement of witnesses were recorded. Investigation was concluded. Charge-sheet was submitted against all four accused named in the FIR. As the case under Section 304-B IPC was exclusively triable by the court of Session, so after taking cognizance in the matter, learned Magistrate committed the case to the Court of Session. Trial of the accused persons was started. All the four accused were charged to face the trial for the offences under Sections 498-A and 304-B IPC, but they have pleaded not guilty and claimed their trial.
(3.) DURING the proceedings before the Session Court, one of the accused Gorakhnath had died. Orders for abatement of case against him were passed.;