YOGENDRA KUMAR SANGAL,J. - (1.) THIS appeal has been filed by the accused appellants Ram Prakash alias Pappu, Shyam Lal, Bhura and Smt. Munni Devi against the judgement and order dated 30.03.1994 passed by the Session Judge, Hardoi in S.T. No. 398 of 1992, under Sections 498-A, 304-B, and Section 3/4 of the Dowry Prohibition Act, P.S. Kotwali Dehat, district Hardoi. By the impugned judgement & order learned trial court held guilty to the accused appellants for the aforesaid offences and sentenced them for RI of seven years under Section 304-B IPC for one year's RI, under Section 498-A IPC and under Section 3/4 Dowry Prohibition Act. Separately, Smt. Munni Devi was sentenced for simple imprisonment for the aforesaid terms for all the offences as above. All the sentences of the accused persons are to run concurrently.
(2.) ONE accused Kumari Suman was acquitted by the trial court from the charges levelled against her. Learned AGA has not contended that any appeal has been filed against the acquittal order. As per prosecution case, for non-fulfillment of the demand of dowry, daughter of the informant Sheo Mangal, namely Smt. Suman married with accused Ram Prakash was being harassed and tortured and treated cruelly by the accused-persons who are related with each other. When their demand was not being fulfilled also soon before her death, Kerosene Oil was sprinkled by the accused -appellants on her body and she was put on fire. She received burn injuries resulting in her death in the hospital. An FIR was lodged against the accused persons and after the investigation, charge-sheet was submitted against them for their trial under the aforesaid provisions of IPC and D.P. Act. After taking cognizance in the matter, learned Magistrate committed the case to the Court of Session where the accused persons were charged to face the trial but they pleaded not guilty and claimed their trial.
(3.) ON behalf of the prosecution seven witnesses were examined to establish the charges levelled against the accused persons. P.W. 1 Sheo Mangal, Father of the deceased/informant of the case ; P.W. 2 Brother of the informant Satish Chandra Gupta have narrated the facts detailed in the FIR and tried to support the prosecution case. P.W. 3 Ram Das has partly supported the prosecution case. P.W. 4 Head Constable Shri Krishna prepared the Chick Report on the basis of the written report submitted by the informant and entered the case in the G.D. P.W.5 Mohan Singh is the Investigating Officer of the case and P.W.-6 Sahadev Singh Rathore prepared Panchayatnama of the dead body and other papers and P.W.7 Ram Sunder Mishra is the witness of the fact that he visited the spot after lodging the FIR and prepared the memos regarding the articles recovered from the spot.;