RAKESH TIWARI - (1.) THE appellants challenge the judgment and order dated 09.11.2004 passed by the Additional Sessions Judge (Fast Track Court) Court No.21, Allahabad in Sessions Trial No. 190/2004 (State of U.P. vs. Km. Anita @ Babloo Kumari and others) under section 498A/34 with section 302 IPC read with section 34 IPC, Police Station Manda, District Allahabad, whereby the accused were sentenced and convicted for life imprisonment and Rs. 2,000.00 fine to each appellants under section 302 IPC read with section 34 IPC and under section 498A read with section 34 IPC two years R.I. and fine of Rs. 500.00 each. In default of payment of fine further to undergo 6 months imprisonment.
(2.) THE present appeal has been filed on the ground that judgment and order dated 09.11.2004 passed by learned Trial Court is bad in law and against the weight of evidence on record and trial court erred in law in convicting the appellants as prosecution could not prove the case against the appellants beyond doubt by adducing cogent and reliable evidence and lastly on the ground that no offence is made out against the appellant on the basis of evidence on record and in any case the sentence is too severe. It appears that Anita @ Babloo Kumari was granted bail vide order dated 24.11.2004 on consideration of submission that she was about 17 years of age at the time of alleged occurrence.
(3.) FACTS germane to the appeal are that a written report was submitted before the Senior Superintendent of Police, Allahabad by Pursottam Bind stating that he had married his daughter Ram Rati with accused Pappu @ Sita Ram s/o Khaderu Bind, r/o Khaperkhuchwa (Rajapur), P. S. Manda, District Allahabad according to Hindu rites about 13 to 14 years back. Since then Pappu @ Sita Ram and his mother Kishuni Devi were demanding a golden chain and Rs. 10,000.00 as dowry. Ram Rati had many times said that her father is a poor person and cannot give dowry, on which she was beaten number of times and was also harassed mentally and physically. Since Ram Rati had filed a case against her in laws for maintenance in the court of Judicial Magistrate, Mirzapur as such in laws were harboring enmity in their heart. Not only Ram Rati was being tortured by her husband but also her husband was in live-in relationship with his real sister Anita @ Babloo Kumari who was his kept. Even food was not being provided to Ram Rati and her progeny. On 17.05.2003 at about 8.00 P.M. when his daughter Ram Rati protested on seeing her husband and Anita @ Babloo Kumari in physical intimacy, Pappu @ Sita Ram, Anita @ Babloo Kumari d/o Khaderu and Kusni Devi w/o Khaderu with common intention started abusing and beating her and they caught Ram Rati Devi and poured Kerosene over her. She was burnt alive. This incident was seen by their son-in-law Jagdish s/o Loudhar, r/o Patti Ka Pura (Naroyan), P.S. Jigna, District Allahabad, the wife of Paras of the same village and Shiv Shankar Sonkar and his brother Lalit Sonkar, Deep Chandra etc.;