- (1.) APPELLANTS, a family, consisting of Govind Hari Swamy (A1) his wife Smt. Gomti (A2) and their three sons Manoj (A3), Ajay (A4) and Jeewanshu (A5) have questioned their convictions and sentences U/S 498-A and 304 B IPC vide impugned judgement and order dated 14.9.2006,recorded by Additional Sessions Judge, Court No. 6, Ghaziabad in S.T. No. 68 of 2001, State Vs. Manoj and others, relating to crime No. 667 of 2000.All the appellants have been convicted U/S 498A IPC and have been sentenced to three years R.I. with a fine of Rs. 10,000/- and in default thereof to under go one year additional imprisonment. A2 and A3 have been additionally convicted U/S 304 B IPC with imposed sentence of ten years R.I and their both the sentences have been ordered to run concurrently by the trial judge.
(2.) GENESIS to the present appeals lies in prosecution allegations scribed and levelled by the informant Subhash P.W. 1 in his written report Ex. Ka-1 dated 9.9.2000, according to which his cousin sister Shashi (deceased) was married to A 3 on 25.1.2000, seven months prior to her death. A1 and A2 were her in- laws where as A4 and A5, were her brother-in-laws (Devars).Briefly stated, it was alleged by the informant that his sister, Shashi was murdered by setting her ablaze after pouring Kerosene Oil upon her on 8.9.2000 because of non fulfillment of dowry demand of a motor cycle and, after she was fatally burnt, to save their skin, appellants got her admitted in Safdarjung Hospital, New Delhi. Fir regarding the incident was lodged on 9.9.2000, at 6.30 p.m. at P.S. Singhani Gate, district Ghaziabad registered as Crime No. 667 of 2000 initially u/s 498-A and 307 IPC and D.P. Act but, subsequently, after the death of the deceased, on same day, it was converted to u/s 498-A and 304-B IPC and section of D.P. Act. Chick Fir Ex. Ka 9 on the basis of the written report Ex. Ka 1 was prepared by constable clerk Arvind Kumar with relevant GD entry Ex. Ka 10. While the deceased was being treated in Safdarjung Hospital, New Delhi, her dying declaration was recorded by PW4 K.R.Mehdiratta, SDM, Delhi Gate, on 8.9.2000 as Ex. Ka 3 and subsequent to that same SDM jotted down 164 Cr. P.C. statements of deceased parents Smt. Sharda and Budh Dev,P.W. 2 and P.W.3 as Ex. Ka 4 and Ka 5. After demise of Shashi,inquest on the dead body of the deceased was also conducted by PW4 who has proved it as Ext. Ka 8.Letter requesting for conducting her post mortem examination was also prepared by the same witness who has proved it as Ex. Ka 6 and Ka 7.
(3.) POST mortem examination on the cadaver of the deceased was performed on 11.9.2000 by Dr. Chandra Kant P.W. 8, who has proved his autopsy report Ex. Ka 13 alongwith case sheet of the deceased prepared at Safdarjung Hospital New Delhi Ex. Ka 15 and 16. Dr. P.W. 8, Chandra Kant noted conditions of the dead body of the deceased as under;- "alleged history as per MLC of Safdarjung Hospital New Delhi--suicide burn by pouring Kerosene Oil on herself and set herself on fire due to some dispute with her in-laws. "Alleged history as per the statement of the deceased that on 8.9.2000 at about 6 a.m. her husband poured Kerosene Oil on her and set her on fire and closed the door from outside. Deceased was brought and admitted in Safdarjung Hospital, New Delhi on 8.9.2000 about 8. 50 a.m. and she expired on 9.9.2000 at about 10.45 p.m. Dead body received in private sheet with bandages in both thigh. Eyes and mouth were closed. Rigour mortise in both upper and lower limbs were found. POST mortem staining not appreciable due to ante mortem burns. No signs of putrefaction was present. Singing of scalp hair anteriorly, eye brows and eye lashes. Ante mortem burns injury: 90 % superficial and deep ante mortem burns covering the whole body except posterior aspect of scale (occipital region) part of both palms, perineum, both soles and ankle and part patches on the posterior, aspect of trunk. Charring of stems partly on forehead, right shoulder and posterior aspect of left elbow, Skin peeled off at places revealing area of vital reaction. Internal Examination:- Scalp- as described Skull- NAD Brain- congested with haemorrhage Larynx- congested with fine carbon soot mixed with mucus external up to Bifurcation of trachea Right Lung -congested Left Lung- congested Heart- NAD Stomach- semi digested liquid contains mucosa healthy Liver- congested Kidneys- congested. Spleen-congested. Uterus-empty. Time- since death - about 39 - 41 hours Cause of death- Shock, toxaemia as a result of 90 % superficial and deep ante mortem burn caused by flames." Initial investigation into crime was conducted by Sub Inspector B.S. Chahar, first Investigating Officer who had recorded statements of witnesses and had prepared site plan Ex. Ka 11.From him S.P. (R.A.) Moradabad, Ashok Kumar took over the investigation on 11.9.2000, and concluding it charge sheeted the appellants on 29.11.2000 vide Ex. Ka 12.;