N.K. Mehrotra, J. - (1.) THIS is an appeal against the judgment and order dated 30.8.1990, passed by the Sessions Judge, Rae Bareli in S.T. No. 186 of 1988 convicting the Appellants under Section 304B of Indian Penal Code and sentencing each of them to undergo seven years rigorous imprisonment and further convicting them under Section 498A, I.P.C. and sentencing each of them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200 each.
(2.) I have heard the learned Counsel for the accused Appellants and Sri C. P. M. Tripathi learned Additional Government Advocate. The prosecution case as stated in the First Information Report dated 24.5.1998 Exhibit Ka -1 lodged by Ram Bahadur Singh, uncle of the deceased Asha Devi is that deceased Asha Devi, daughter of Tej Bahadur Singh, was married to Jitendra Bahadur Singh four and a half years prior to the incident. She was residing with her husband in the house of her in -laws. She used to visit the house of her parents also. Jitendra Bahadur Singh and his family members used to make complaint for not fulfilling the demand of dowry and they were making demand of golden chain of two tola and a horse. Asha Devi refused to convey this complaint to her parents. Besides this, there was a demand of cash also. It is alleged that Tej Bahadur Singh was fulfilling the other demands and in spite that Jitendra Singh, his brother Guddu and father Lal Bahadur Singh, his mother and uncle Samar Bahadur Singh used to beat and harass deceased Asha Devi. A week prior to incident the accused persons have demanded the aforesaid items from Tej Bahadur Singh and Ashish Kumar son of Ram Bahadur Singh in Harchandpuri market and Tej Bahadur Singh had refused to fulfil. It is also alleged that accused Jitendra Bahadur Singh had planned to marry second time but Ram Bahadur Singh and others had told the father of that girl that Jitendra Singh is already married. It is alleged that because of these demands being not fulfilled, Jitendra Bahadur Singh, Guddu, Lal Bahadur Singh, wife of Lal Bahadur Singh and Samar Bahadur Singh burnt Asha Devi at about 12.00 in the night and the informant came to know at about 5.00 a.m. from Shiv Bux Singh. Jagdish Singh and Rudra Pal Singh of the village. On coming to know that Asha Devi was taken to hospital, Ram Bahadur Singh and others reached District Hospital, Rae Bareli at 7.30 a.m. whether they came to know that Asha Devi had already succumbed to burn injuries and her body was lying dead in the hospital. It is also alleged by the prosecution that Jitendra Singh and Samar Bahadur Singh were making attempt for the cremation of the dead body after panchayatnama. Thus first information report was lodged on 24.5.1988 at 9.55 a.m. where a criminal case was registered against the accused persons under Sections 147, 302, 498A, I.P.C. Investigation was entrusted to Circle Officer, Maharajganj. The Investigating Officer has inspected the spot on 24.5.1988 and prepared a site plan Exhibit Ka -8. The Investigating Officer reached the District Hospital, Rae Bareli where he got prepared panchayatnama Exhibit Ka -9 and other papers addressed to Chief Medical Officer along with photo lash and specimen of seal. The dead body was sent for post mortem. The Investigating Officer recorded the statement of witnesses. It was on 8.8.1988 informant Ram Bahadur Singh handed over a letter written by the deceased to her father, to the Investigating Officer. A memo of this letter was prepared which is Exhibit Ka -5. The letter written by the deceased by the same 'baby' is Exhibit Ka -2, the post mortem report is Ka -3.
(3.) AFTER completing the investigation, the Investigating Officer submitted a charge -sheet on 10.7.1988 against the accused Jitendra Singh, Lal Bahadur Singh, Samar Bahadur Singh and Krishna Devi under Sections 147, 302, 304B and 498A, I.P.C. The accused were charged firstly under Section 302/149, and subsequently under Sections 304B/149, I.P.C. and 498A, I.P.C. The accused pleaded not guilty and denied the charge. Accused Jitendra Singh has given statement under Section 313, Cr. P.C. that at the time of incident, he had gone to ease in the latrine and when he came out, he saw that his wife was burning and his younger brother was making attempt to extinguish fire and he also made an attempt to extinguish the fire. Before going to the latrine, he had asked his wife to make food hot. Accused Appellant Lal Bahadur Singh has given the statement that he had gone in 'katha' in Paharpur along with his wife and on hearing about the incident, he came back and had taken away the deceased to the hospital.;