- (1.) O. K. Trivedi, J. Criminal Appeal No. 339 of 19991 was filed by Smt. Ram Kali challenging the judgment and order dated 31-5-1991 passed by the Sessions Judge Hardoi, in Sessions Trial No. 5 of 1990 convicting appellant Smt. Ram Kali alongwith appellant Hari Shanker alias Shrawan Kumar alias Shanker (Of Crl. Appeal No. 402 of 1991) under Sections 498-A and 304-B I. P. C. and Sections 3 and 4 of Dowry Prohibition Act and sentencing each of the appellants to two years R. I. under Section 398-A I. P. C, two years R. I. under Sections 3 and 4 of the Dowry Prohibition Act and Life Imprisonment under Section 304-B I. P. C. All the sentences were, how ever, ordered to run concurrently.
(2.) CRIMINAL Appeal No. 402 of 1991 was filed by Hari Shanker alias Shrawan Kumar alias Shanker appellant challeng ing the aforesaid judgment and order passed by the Sessions Judge, Hardoi. In these circumstances both the appeals were consolidated and were heard together and are being disposed of by this common judg ment and order. The prosecution case, in brief, is that the marriage of Smt. Suman deceased had taken place with appellant Hari Shanker about three years ago from the date of the incident. It is said that sufficient dowry was given in the marriage but the accused persons demanded half Kilogram Silver and a Vicky Motor Cycle in addition to tne dowry already given in the marriage. It is said that P. W. 1 Onkar Pandey father of the deceased then went to the house of the accused persons along with one Mahabir who was the mediator in the marriage and informed the appellants that he was not in a position to give these two things in dowry. It is said that due to non-giving of these additional things, the appellants used to beat the deceased Smt. Suman and also did not give her food and raiments. It is said that her father Onkar Pandey (P. W. 1) then brought his daughter Smt. Suman to his house and just three months the incident, P. W. 1 Onkar Pandey com plainant went to the house of accused per sons alongwith his daughter Smt. Suman and gave them 250 Grams of Silver. He further promised to give rest 250 Grams of Silver and Vicky Motor Cycle later on. It is said that on 7-8-1989 at about noon Mahabir Prasad P. W. 2 came to the house of Onkar Pandey and informed him that the appellants had burnt his daughter. It is said that receiving this information the complainant Onkar Pandey P. W. 1 as well as his family members went to village Puvayan and found Smt. Suman dead in a burnt condition. They also noticed that the accused persons were not present in the house. It is said that P. W. 1 Onkar Pandey there after went to Police Station Atrauli after getting the report scribed and lodged the same at 10. 30 p. m. on the same day. On the basis of the said report case was registered by Head Constable Raja Ram P. W. 6 and the investigation was handed over to C. O. Yashpal Singh P. W. 3. The Investigating Officer thereafter went to the spot and prepared site-plan Ext. Ka- 2 and recorded the statements of the wit nesses. S. I. Siya Ram Misra conducted inquest proceedings and prepared inquest report Ext. Ka-8 and other relevant papers Ext. Ka-9 to Ka-12. It is said that on 17-8-1989 the Police of Police Station Atrauli arrested accused Hari Shanker and on 21-8-1989 Smt. Ram Kali accused surrendered in Court. The Investigating Officer, after com pleting the investigation, submitted charge-sheet against the appellants. The autopsy on the dead body of Smt. Suman was conducted by P. W. 5 Dr. S. Thiryani on 8-8-1989 at 3. 25 p. m. The post-mortem was conducted in the presence of Dr. R. M. Gupta and the post mortem report is Ext. Ka-4. The Doctor found first to third degree burn all over the face, neck, abdomen, chest, all over back, hips, both the upper extremities and both lower extremities except both ankle joints; blisters were present at places, singeing of scalp hair, public hair and eye brows, line of redness was present at the ankle joint. According to the Doctor the burn was 90 per cent. The Doctor opined that the death of Smt. Suman had occurred due to shock as a result of burn injuries.
(3.) TO prove its case the prosecution examined in all seven witnesses. P. W. 1 Onkar Pandey is the father of the deceased Smt. Suman. He lodged the report and proved the First Information Report as well as the demand of dowry by the accused persons. P. W. 2 Mahabir Prasad is the per son who gave the information about the occurrence to the complainant. P. W. 3 C. O. Yashpal Singh conducted investigation and after completing investigation, sub mitted charge-sheet. P. W. 4 Smt. Krishna wife of Kamla Kant went to the house of the deceased and also accompanied the dead body from the house of the deceased to Police Station Atrauli. She also in formed the complainant about the demand of Silver and Vicky Motor Cycle. P. W. 5 Dr. S. Thiryani conducted post mortem on the dead body of Smt. Suman and proved the post-mortem report Ext. Ka-4. PW-6 Head Constable Raja Ram registered the case and proved the chik report etc. P. W. 7 Ashiq Ali is a formal witness. On the other hand the accused persons denied the prosecution case and stated that they have been falsely impli cated in this case due to enmity and the influence of the Police. The appellants stated that Smt. Suman caught fire while she was cooking food, and succumbed to those burn injuries.;