- (1.) THIS criminal appeal under section 374 (2) of Code of Criminal Procedure (for short Cr.P.C.) has been preferred by the accused appellants against the judgment and order dated 3.4.2003 passed by Additional Sessions Judge/Fast Track Court, No. 4, Raebareli in S.T. No. 9/95 related to case crime no. 171/91( State of U.P. Vs. Ramesh and others ) P.S. Dalmau, District Raebereli, by which the appellants were convicted under sections 304 -B and 498 -A of Indian Penal Code (for short I.P.C.). They were sentenced to undergo ten years simple imprisonment under section 304 -B IPC and three years simple imprisonment and a fine of Rs. 2,000 each, in default thereof to further undergo six months simple imprisonment under section 498 -A IPC. All the sentences were directed to run concurrently.
(2.) FACTS , in brief, according to the First Information Report (for short 'FIR') lodged by Smt. Gayatri Devi are that Vijmawati daughter of informant Gayatri Devi (P.W1), was married to appellant no.1 Ramesh in the month of March 1991. After marriage Vijmawati went to her matrimonial house and remained there for 11 days. Thereafter she came to her parental house with her brother. She told her parents about harassment and cruelty caused upon her by Ramesh appellant no.1 (husband), Rajaram (father -in -law, since dead) and Smt. Phoolkali Appellant No.2 (mother -in -law) on account of demand of dowry of Rs.8000/ - cash and other articles of more than Rs.5000/ -. The informant was not able to fulfil the demand . Thereafter Ramesh came to parental house of Vijmawati and asked to make good the demands of the aforesaid cash and items and also threatened that in case the demand is not fulfilled, Vijmawati would be killed by putting her on fire. However, due to intervention of some villagers, accused Ramesh took Vijmawati back. After about one month Ramesh came and told to parents either fulfil the demand of dowry or take back Vijmawati, otherwise she would be killed. In the intervening night of 4/5.12.1991 Vijmawati was killed by pouring petrol upon her by the accused persons and then setting her alight. She received 80% burn injuries. Vijmawati was admitted in the hospital by the in -laws. On 9th day of her admission in the hospital she succumbed to burn injuries. Before death she gave statement that her in -laws killed by putting her a blazed for non -fulfilment of dowry demand in the presence of villagers. It was alleged that this incident was reported in the newspaper on 7th November 1991 and 16th December 1991. The informant went several times to the police station but the police declined to lodge the FIR. It was also stated in the FIR that appellant no. 1 Ramesh after this incident came to the village of informant and asked to the parents to take Rs. 2 -4 thousand for not making any complaint to high -ups. This application (Ext.Ka -1) has been given to the Superintendent of Police, Raebareli which appears to have been typed on 21st December 1991. On the basis of this information the FIR (Ext - Ka.2) was lodged by the police after making necessary entries in the general diary of concern police station on 24.12.1991 at 6.00 p.m. Earlier to lodging of FIR Vijmawati was admitted in the hospital by her in -laws. where her dying declaration was also recorded in the morning at about 7.55 a.m. on 5.12.1991 by the Executive Magistrate/Tehsildar. Dr. R.B.verma (DW1) gave certificate of fitness of deceased before recording statement of deceased at 7.50 a.m., The statement which was recorded by Tehsildar is quoted herein below: - "Dying Declaration of Smt. Vijma 22 years W/O Ramesh R/O Ghurwara P.S. Dalmau. Recorded on 5.12.91 at 7.50 AM. Certified that she is in her full sense to answer the question asked. Sd - - -(Dr.R.B.verma) 05.12.91 (InHindi) Aaj dinank 5/12/91 Ko Samay 7.55 AM se Srimati Vijma W/O/ Sri Ramesh Chandra Vil. Ghurwara Thana Dalmau ka mratyu Purva bayan likha gaya. bayan me kaha ki wo so rahi thi. Diwal me jo ek eint nikli thi usme Diya rakha tha usi se aag lag gai thi. Uska mard dusre kamre me so raha tha. Saas sasur bhi dusre kamre me so rahe the. Uske pati ne akar usey kambal dal kar bachaya. Uske kisi ne Aag nahi lagai thi. Maah Ashardh me shadi batai. Kisi se koi jhagda nahi tha. bayan wahi likha gaya jo kaha. Yahi bayan 8 AM tak chala. (Signature) Tehsildar Sadar/Magistrate 5.12.91 Marij akhir tak vyan ke kabil thi. Iski dimagi Halat theek thi. (Signature of Doctor) 5.12.91 (Seal in Hindi) Akasmik Chikhitsak, Zila Chikitsalya, Raibareli Left Thumb impression) Baiyan Angutha Smt. Vijma ka pramarit"
(3.) DURING the course of treatment, she succumbed to injuries on 13.12.1991 at 5:30 p.m., as per death memo (Ext.Ka -8). The Inquest (Ext. Ka -7) was conducted upon the corpus of deceased Vijmawati in District Hospital, Raebareli . The husband of Smt. Gayatri Devi and father of deceased Ram Naresh (PW2) was also the witness of the inquest. The opinion of witnesses of inquest was noted in the inquest , which reads as under: - ' Panchan ki Rai me mratika Srimati Vijmawati Devi Makan me chirag lekar kitab padh rahi thi padhte -2 neend aa gai, chimni se dhoti ne aag pakad li thi. Jal jaane ki vajah se mrityu ho gai.' ;