- (1.) HEARD learned Counsel for the Appellants and learned Additional Government Advocate on the applications moved under Section 389 Code of Criminal Procedure for the purpose of bail in pending appeals.
(2.) THESE appeals have been preferred by Appellants Devendra Kumar Mishra and Smt. Rama Devi alias Ramakanti after having been convicted in Sessions Trial No. 281 of 2006, under Section 302 I.P.C. vide judgment dated 12.04.2010 passed by Sessions Judge, Raibareli, and sentenced the Appellants for a maximum term of life imprisonment with fine stipulation thereof. As the prosecution story goes, one Smt. Pooja Misra(wife of the Appellant Devendra Kumar Misra) was burnt to death within seven years of her marriage as such, charges were framed against the accused persons under Section 304 -B and 498A I.P.C. read with Section 3/4 of the Dowry Prohibition Act. On an appraisal of the evidence recorded during the trial, the Appellants have been acquitted of the charges levelled under Section 304 -B and 498A read with Section 3/4 of the Dowry Prohibition Act, but have been convicted under Section 302 I.P.C.
(3.) WE have gone through the judgment of the court below, lower court record and also perused the dying declaration of deceased Smt Pooja Misra(Ext. K -13) wherein it has specifically been stated that she was burnt to death by Appellant, Devendra Kumar Misra i.e. her husband as well as by Rama Dcvi @ Ramakanti i.e. her Jethani;