- (1.) Two learned Judges comprising a Division Bench having differed almost on each point arising for consideration in the aforesaid criminal appeals, the connected matters have come up before this third Judge as nominated by the Chief Justice.
(2.) The admitted facts are that Smt. Urmila, a youthful wife of 20 year, of appellant Raju, residing with her parents in village Bhadwa, P. S. Malwan, distt. Fatehpur, married in 1983, was brought to the district hospital Fatehpur on 11-10-1986 at about 3-05 p.m. by Raju's cousin Vijai Bahadur Singh with extensive burn injuries. She was admitted and medically examined by Dr. Harish Chandra (P.W. 5) wherein she died at 5-35 p.m. Her mother Smt. Sankatha Devi (P.W. 3) had reached the hospital soon after her hospitalisation but her father Yadunath Singh had reached the hospital after her death, having come from Allahabad where he was posted as Station Officer, P.S. Mohabbatpur Pansa. The doctor had sent to police Station Kotwali, Fatehpur, a memorandum of Ex.Ka-6 about admission of Smt. Urmila in a seriously burnt condition. After her death, another memo (Ex.Ka-8) was sent intimating her death. An inquest (Panchnama) was done on the dead body of Urmila by Sub-Inspector Sivali Misra (P.W. 10). Thereafter post-mortem examination was conducted by Dr. B. N. Deo at 2-30 p.m. in the presence of another Medical Officer while the body had reached the mortuary at 11-30 a.m. on 12-10-1986. The FIR lodged at P. S. Kotwali by P.W. 1 Yadunath Singh was forwarded to P. S. Malwan where S.C. Dube, head moharrir (P.W. 9) made necessary entries whereafter Vijai Kumar Sharma, S.O., P. S. Malwan (P.W. 11) had begun investigation and writing the case diary but the investigations were taken over by the Circle Officer D. S. Yadav, Dy. S. P. (P.W. 6). On 14-10-1986 he had gone to the site and got the site plan prepared. He found pieces of Sarhi and one empty glass of kerosene oil and ashes in the oven. He had recorded the statements of Smt. Sukhia and Chanda Devi. In her statement Smt. Sukhiya had told him that she was cleaning her own house when she heard Smt. Urmila "Bachao Bachao" and she had come up to the door in a burnt condition. In the charge-sheet submitted by D. S. Yadav, all the accused were shown as absonders as proceedings under S. 82/83, Cr. P.C. had begun against them and the I.O. had shown Raju alias Raghuvendra, husband of Smt. Urmila, Smt. Gulhari Devi alias Champa Devi, mother of Raju, Bhoora Singh, father of Raju and co-accused Km. Aruna Devi, sister of Raju as being prosecuted u/Ss. 302, 304-B, 498-A, IPC and Section 4 of the Dowry Prohibition Act. The Trial Judge has acquitted Km. Aruna but has convicted and sentenced the other appellants as under :- 1. Raju appellant both under Section 302, I.P.C. - Death sentence 2. Smt. Gulhari Devi both under Section 304B, I.P.C. - 7 years' R.I. both under Section 498-A, I.P.C. - 3 years' R.I. both ubder Section 4 Dowry Prohibition Act - 6 months' R.I. plus Rs.500.00 fine. 3. Appellant Bhoora Singh under Section 498-A - 3 years' R.I. and Rs.500.00 as fine. under Section 4 Dowry Prohibition Act. - 6 months' R.I. plus Rs.500.00 as fine. Against those convictions and sentences the aforesaid two criminal appeals have been preferred and the usual Reference has been sent up by the Sessions Judge because of death sentence having been awarded to Raju and Smt. Gulhari. It may be stated here that about the death sentence being reduced to imprisonment for life, even Hon. Mr. Justice B. L. Yadav has expressed a contrary opinion and has awarded imprisonment for life to them. The other sentences have been upheld by him. Hon. Dr. Justice J. N. Dubey has doubted the entire prosecution case and has, therefore, allowed the appeals.
(3.) It may further be stated here that in the revision filed by the informant challenging the judgment of the trial court, at the admission stage itself the revision against the acquitted accused Km. Aruna was dismissed. The not admitted facts are as under :- 1. That the FIR was lodged by informant Yadunath Singh (P.W. 1) at 00.55 of 12-10-1986 or that the case was, in fact, transferred from P. S. Kotwali to P. S. Malwan around 4 a.m. on 12-10-1986. 2. That the deceased Smt. Urmila had made any oral dying declaration to her mother implicating the appellants and the acquitted accused or that she could have been in a position to make any statement whatsoever. 3. That the appellants had ever demanded any dowry from the informant or any other relative. 4. That the deceased had written any letter to her father, the informant on 22-9-1986 (Ex.Ka-2) and it was not in the handwriting of the deceased. 5. That the S. O. Malwan V. K. Sharma (P.W. 11) had recorded any statement of P.W. 1 Yadunath Singh, informant.;