VIRENDRA KUMAR SRIVASTAVA,J. - (1.) Both criminal appeals have been filed against the judgment and order dated 29.11.2018, passed by Additional Session Judge/F.T.C. (Offences against Women), Jaunpur, in S.T. No. 389 of 2013 (State of U.P. Vs. Kusum Devi and others), arising out of Case Crime No. 371 of 2013, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act (in short 'D.P. Act'), P.S. Chandvak, District Jaunpur whereby appellants, namely, Prem Sheela @ Guddi, Kusum Devi and Brijbhan Gaur have been convicted and sentenced for offence u/s 498-A IPC for 2 years imprisonment and fine of Rs. 5000/-, for offence u/s 304-B IPC for 7 years rigorous imprisonment and u/s 3/4 D.P. Act for one year imprisonment and with fine of Rs. 1000/-. All the sentences have been directed to run concurrently. Since both the appeals have been filed against the same judgement, hence both are being heard and decided jointly by common judgement.
(2.) Brief facts, arising out of this appeal, are that deceased Pratiksha Gaur was married to Hari Kishan (PW-2), s/o Banarasi, R/o Village Kanaura, P.S. Chandvak, District Jaunpur, in December 2007 in mass wedding ceremony. Appellant Brijbhan Gaur is brother-in-law of Hari Kishan (PW-2), appellant Kusum Devi is his sister (wife of appellant Brijbhan), appellant Prem Sheela @ Guddi is his niece (daughter of Kusum Devi) and one Subhash (since acquitted) is real brother of Hari Kishan (PW-2). Asha Devi (PW-1), mother of deceased Pratiksha, lodged a written information (F.I.R.) (Ex.ka1) on 9.6.2013 at about 9:50 p.m. at P.S. Chandvak, District Jaunpur that aforesaid appellants and Subhash (since acquitted) used to torture the deceased Pratiksha for want of dowry. On 8.6.2013 at about 7:30 p.m., appellants and Subhash (since acquitted) poured kerosene oil on deceased Pratiksha and set her ablaze, whereby serious burn injuries were caused to deceased; information of the said incident was given to Asha Devi (PW-1) by Hari Kishan (PW-2), upon such information she (PW-1) rushed to place of occurrence and learnt that her daughter was in hospital. Thereafter, she rushed to the hospital and found that the deceased was struggling for her life in District Hospital, Jaunpur. The information, given by Asha Devi (PW-1) was entered by police in General Diary (Ex.Ka 9) and on the basis whereof, Case Crime No. 371 of 2013 was registered by Const. Vinod Saroj (PW-8), under Sections 498-A, 307 IPC and 3/4 D.P. Act, against the appellants as well as against Subhash (since acquitted). Investigation was entrusted to S.I. Mata Prasad (in short 'Ist I.O.') who rushed to the place of occurrence and after its inspection, prepared site plan (Ex.Ka 10), seized kerosene oil with plastic jerrycan, match box and prepared seizure memo (Ex.Ka 3).
(3.) Ram Kailash Saroj (PW-7), Naib Tehsildar (Local Executive Magistrate), upon oral direction of Sub-Divisional Magistrate, Sadar Jaunpur, reached the District Hospital, Jaunpur where deceased was admitted and her treatment was going on. He recorded the statement (Ex.Ka 11) i.e. dying declaration of deceased on 9.6.2013 in the intervening night of 9.6.2013 at about 12:10 a.m. (night) which reads as under: ...[CARNACULAR TEXT UMITTED]... "Dying Declaration dated 09.06.13 Certified that Pratiksha aged about 24 years w/o Hari Kishan Gaur r/o Kanaura is fit to give statement and is in full conscious. 12.10 A.M. Signature illegible (Dr. Prabhat) Emergency Medical Officer A.S.U. Nath Singh District Hospital Jaunpur Started 0-10 A.M. I, Pratikcha aged around 24 years w/o Hari Kishan Gaur R/o vill-Kannaura Dobhi, PS-Chandwak swear in the name of god that I will state nothing but truth. Q: How have you got burnt? Ans: I got married on 12 December 2007 with Hari Kishan @ Santosh in the mass wedding ceremony held in Raj College. I wanted to study. My sister-in-law Kusum and my brother-in-law Brij Bhan who live in my in-law's house, in order to not let me study, under different excuses and pretensions, got me separated from my family. Then around one year ago, my sister-in-law Kusum and her daughter Guddi, started torturing me for the purpose of dowry and beaten me badly. Every now and then, they used to talk about driving me out of the house. Gappu Singh S/o unknown of our village whose brother works in police department in Banaras, came today in the morning to our house along with two sepoys and started abusing me and said "She is quarrelsome; just beat her." Saying this, he went away. Thereafter, my sister-in-law and her daughter beaten me badly and the quarrel ensued the entire day. In the evening around 7.00 p.m., my sister-in-law Kusum aged 38 years w/o Brij Bhan and her daughter Guddi aged 21-22 years D/o Brij Bhan and Brij Bhan S/o (Shayad?) Mishri and Jitendra @ Mami and Golu poured kerosene oil upon me, lit a matchstick and set me on fire. (Then stated that) Golu was not involved in setting fire. Guddi poured kerosene oil upon me with a plastic gallon. Brij Bhan was getting hold of me that time. I could not see it in dark as to who set me on fire. Kusum was also fighting with me. Seeing me set on fire, everybody ran away. Q-2: How was the fire put off? Ans: When they had set me on fire and ran away, my husband, after having completed his job in a kiln, came back by a cycle, and covered me with something and put off the fire. Q-3: Where is your parent's house? Ans: My parent's house is in Raj Colony, Husainabad, Jaunpur. Q-4: Who brought you to hospital? Ans: My mother Asha Devi W/o Sahju and my husband brought me to the hospital in the ambulance of 108. Q-5: Did your husband also torture you for dowry? Ans: My husband is a very nice man. He never tortured me for dowry. Heard and verified. Concluded at 0-40 A.M. R.T.I. of Smt. Pratiksha attested sd/- illegible 09.06.13 (Ram Kailash Saroj) Naib Tehsildar Sadar, Jaunpur Certified that she was in full conscious during statement. 12.40 A.M. Sd/- Illegible Emergency Medical Officer A.S.U. Nath Singh District Hospital Jaunpur" (English translation by Court) ;