- (1.) ONKARESHWAR Bhatt, J. Appellants, Om Prakash, Munnu Lal, Ashok and Smt. Simla have preferred this appeal against the judgment and order dated 31-7-1995 passed by the then IVth Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial No. 303 of 1991.
(2.) ALL the appellants have been convicted under Section 498-A I. P. C. and sentenced to rigorous imprisonment of two years and to a fine of Rs. 2000 each. In default of payment of fine rigorous imprisonment of one year has been awarded. They have further been convicted under Section 304-B, I. P. C. and sentenced to 10 years rigorous imprisonment and to a fine of Rs. 4000 each. In default of payment of fine of 2 years rigorous imprisonment has been awarded. Heard Sri P. N. Misra, learned Senior Advocate and the learned A. G. A. for the State. The marriage of Sushila, the deceased in the case, took place with the appellant, Om Prakash, on 22- 6-1987. This fact is not in dispute. The appellant, Munnu Lal is father-in-law, appellant Smt. Simla is mother-in-law and appellant, Ashok, is devar of the deceased. According to the prosecution case on 2- 11-1990 the deceased sustained burn injuries at the house of her in-laws and died due to it in the hospital. According to the prosecution case the appellants committed cruelty by beating, abusing and harassing the deceased on account of non-fulfillment of demand of dowry and her death also occurred for demand of dowry.
(3.) FIRST Information Report of the occurrence was lodged by Mool Chand, P. W. 2, father of the deceased on 2-11-1990 at 7. 45 p. m. . P. W. 8 Bhanu Pratap Singh, S. I. , prepared the inquest report on 2-11-1990 at 3 p. m. at mortuary of hospital. The post-mortem of the dead body of the deceased was performed by P. W. 7, Dr. R. K. Gupta, on 3-11-1990 at 12. 30 p. m. According to the doctor the deceased was aged about 22 years and about 1 1/2 days have expired since her death. It was found that she was in pugilistic posture, Greenish discolourisation was found over the right illiac fossa. Her hairs were burnt. Smell of kerosene oil was coming form her clothes and hairs. The doctor found Ist, IInd and IIIrd degree of burns present all over the body except sole of the foot, lower part of abdomen, infront of neck and both sides of cheek. Pieces of burnt clothes were sticking over the body at places, skin peeled off at places on the body, line of redness present. On internal examination it was found that skull and brain membrance congested. Both the lungs congested, right chamber of heart full while left chamber was empty. Bladder contained about 1 oz. Watery liquid. Her liver, spleen, gall bladder and kidney were congested and uterus was empty. In the opinion of the doctor death was caused due to shock as a result of burn injuries. The prosecution has examined father of the deceased Mool Chand, P. W. 2, mother of the deceased, Smt. Nanki, P. W. 3 and Smt. Suman, sister of the deceased, P. W. 5 who have stated about the cruelty caused to the deceased by the appellants for demand of dowry. Chnnua, P. W. 6, has also examined regarding demand of dowry by the appellants.;