Anil Kumar Sharma, J. - (1.) CHALLENGE , in this appeal is to the judgment and order dated 21.4.2005 passed by the then Additional Sessions Judge, Court No. 1. Etah in S.T. No. 189 of 1999, whereby the appellants have been found guilty for the offences punishable under Sections 304B, 498A, I.P.C. and under Section 3/4 of Dowry Prohibition Act. Each appellant had been sentenced as under: (i) Under Section 304B, I.P.C. -Rigorous imprisonment for life; (ii) Under Section 498A, I.P.C. -Three years R.I. and fine of Rs. 10,000: (iii) Under Section 3/4, Dowry Prohibition Act -Two years R.I. and fine of Rs. 5,000 with default stipulation. In nutshell the prosecution case before the trial court was that complainant Hari Om Gupta s/o late Ram Autar Gupta, r/o mohalla Katra, Kasba Mohanpur, P.S. Sahawar, District Etah presently residing in B -2, Staff Quarters, Kendriya Vidyalaya No. 2, Chakeri, Kanpur submitted a written report in P.S. Ganj Dundwara, District Etah on 16.9.1998 at 12.30 p.m. stating that he had married his sister Sanju Gupta with accused Sanjiv Kumar Gupta @ Boby s/o Jagdish Chandra Gupta, r/o mohalla Etah Road, Kasba and P.S. Ganj Dundawara, District Etah on 21.11.1997 in Kasba Ganj Dundawara. He had given Rs. 20,000 cash, golden chain, a ring for bridegroom and clothes etc. at the time of settling the marriage and in the marriage scooter, Sofa set, double bed, steel almirah and T.V. set etc. were given as dowry. At the time of Vida Jagdish Chandra Gupta the father -in -law of his sister and her husband Sanjeev Kumar Gupta @ Boby were enraged for not giving colour T.V., fridge and washing machine. He tried hard to pacify them. The sister of the bridegroom also taunted his mother and sister for not giving these articles and co -accused Mamta told his mother to this extent that if articles are not delivered soon the consequences would be very bad. After marriage when his sister came to their house she complained that her mother -in -law Munni Devi and sister -in -law Mamta have tortured her for not giving the aforesaid goods and they have warned her that if she did not bring the above items a bottle of kerosene and matchbox is kept in the house either she should set herself ablaze or face the result. The report further stated that at the time of marriage his brother -in -law Sanjeev Gupta protested for giving old double bed and they directed him to take it back. However, somehow he told his difficulties to them and returned with his sister. A week thereafter Sanjeev Kumar @ Boby came for vida and he reiterated his demand. Again the complainant showed his inability to meet their demand then he threatened him not to visit them unless the dowry items are given to them. It was further stated in the written report that on 11.7.1998 the namkaran sanskar of his son was scheduled, so he visited the accused persons to take his sister. When he reached at the house of the accused persons the father -in -law Jagdish Chandra Gupta, mother -in -law Munni Devi, husband Sanjeev Kumar Gupta and sister -in -law Mamta and Kalpana of his sister misbehaved with him. On hearing these talks his sister retorted the accused persons that they should not misbehave with his brother and she is there for this purpose. At that time mother -in -law Munni Devi and sister -in -law Mamta tried to beat his sister. It has been further mentioned in the written report that on the eve of raksha bandhan he again visited the house of his sister and with difficulty the mother -in -law and sister -in -law Mamta of his sister brought her for tying rakhi and immediately they took her inside. On this misbehavior she broke down and asked him to deliver the goods demanded by the accused persons else they would not let her alive. The complainant has noted in his report that on 13.9.1998 he was telephonically informed that in -laws of his sister have burnt her after beating. On getting this information the complainant came to Ganj Dundawara and found that the police had sent the dead body for post -mortem and after cremating her he has come to lodge the report. On the basis of this report a case under Sections 304B and 498A, I.P.C. and 3/4 of Dowry Prohibition Act was registered at crime No. 157 of 1998. investigation whereof was entrusted to C.O., O.P. Mishra.
(2.) ERE that Hari Om Gupta s/o late Ram Chandra Gupta, r/o mohalla Ghasi. Kasba and P.S. Ganj Dundawara District Etah submitted a written report to Station Officer of P.S. Ganj Dundawara on 13.9.1998 stating that today at about 12 O'clock in the noon he had received information on telephone that Smt. Sanju aged about 20 -years, sister -in -law of his niece and daughter of late Ram Avtar r/o Mohan Pur P.S. Sahawar, District Etah. has suffered burn injuries in her in -laws house situated in mohalla Etah Road near electric sub -station Kasba and P.S. Ganj Dundwara, District Etah. He alongwith Pramod Kumar s/o Ram Chandra Gupta of mohalla Ghasi Qasba Ganj Dundawara, Anil Kumar, r/o mohalla Sudamapuri and others reached at the house of Sanjiv Kumar Gupta @ Boby and found Smt. Sanju lying on the ground inside the house in brunt condition. He took her to Government Hospital, Ganj Dundawara for treatment but doctor was not available and when he was taking her to Etah she succumbed to injuries near Sidhpura at about 3.00 p.m. He took her dead body back and kept out side the house of Boby. He further stated that Smt. Sanju had been married about a year ago with Boby s/o Jagdish Chandra Gupta and he has informed the family members of the deceased. On this report the police of P.S. Ganj Dundawara got the inquest of the cadaver of the deceased performed through S.D.M. Patiyali, District Etah on 14.9.1998 at 9.30 a.m. Thereafter, the dead body was sealed and alongwith usual papers it was sent for post -mortem examination. Dr. K.P. Garg conducted autopsy on the corpse of deceased on 14.9.1998 at 3.00 p.m. and he found that 20 -years' old deceased was average built with normal muscularities. Rigor mortis had passed off from upper limb and was present in lower limb. Dr. Garg found the following ante -mortem injuries on her person: 1. Contusion 4 x 3 cm. on right side forehead. 2. Lacerated wound 0.2 x 0.2 cm. on left sole muscle deep. Superficial to deep burn all over body except lower abdomen and pelvis.
(3.) SCALP hair adjoining to forehead parts all burnt rest of the scalp hair escaped from burning.;