RAKESH TIWARI, J. - (1.) WE have heard Sri Pravin Kumar Srivastava, Amicus Curiae, appearing on behalf of the appellant, Sri Ram Yash Pandey, learned A.G.A. along with Sri S. Ali Murtuza, Brief Holder for the State, and perused the record.
(2.) THIS appeal challenges the validity and correctness of the judgment and order dated 06.02.2008 passed by Additional Sessions Judge/F.T. Court No. 1, Jalaun at Orai in S.T. No. 38 of 2007: State Vs. Smt. Bhuri Devi & others. The facts briefly narrated are that a written report dated 6.6.2006 was submitted by Arvind Singh son of Sri Sopat Singh, R/O Village-Vijhauna, P.S.-Satti, District-Kanpur Dehat to the effect that he had married his sister Reena Devi about 12 years ago with Anurudha Singh alias Munna son of Sri Om Singh, R/O Village-Mangraul, P.S.- Kalpi, District-Jalaun in which he had given dowry to his capacity, but his sister's in-laws were not satisfied with the dowry and were pressurising her since immediately after marriage to bring more dowry, and for which she was being physically and mentally tortured. It is averred in the written report that whenever his sister came to her maika (mother's house), she was asked by her in-laws and Devar to bring Rs.50,000/- as dowry. They not only used to beat her but also threatened with dire consequences; that on 1.6.2006 he came to know that in-laws (father and mother) and devar of his sister had burnt her for not fulfilling the demand of Rs.50,000/- and that Anurudha Singh alias Munna husband had suffered burn injury on his hand while saving her. It was also averred therein that treatment of his sister was going on at the residence of Dr. Jaiswal; that after great effort his sister has been sent for medical treatment on 2.6.2006 to Halet Hospital, Kanpur where her sister gave her statement that she has been burnt by her in-laws and devar. However, during treatment she died on 8.6.2006 in the hospital. It is averred in the written report that her post mortem had already been conducted on 9.6.2006 as such legal action may be taken against the accused persons.
(3.) ON the basis of averments made in the written report, G.D. entry was made and chick report was prepared registering case crime no. 607 of 2006 under section 306 IPC, P.S.-Kalpi, District-Jalaun on 16.6.2006 at 18.10 hours against the appellant. After lodging of the FIR, the investigation was taken up by S.I. Radhey Shyam Tiwari of P.S. Kalpi, District-Jaluan. It appears that vide Ex. Ka-7 is the dying declaration of Reena Devi (since deceased) before the Medical Officer, PHC- Kalpi, District-Jaluan. Her dying declaration recorded by Medical Officer, PHC-Kalpi, District-Jalaun, reads thus:;