- (1.) Challenge in this appeal is to the judgement and order 28.01.2005 passed in S.T. No. 296 of 2002, State vs. Suraj Pal Rastogi and two others, under sections 498A, 304-B IPC, alternatively under section 302 IPC and 3/4 of Dowry Prohibition Act, Crime No. 340 of 2001, P.S. Bisauli, District Badaun, whereby the appellant had been convicted for the offence punishable under section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/-. In default he was directed to undergo further imprisonment for one year. However, the appellant u/s 304-B and 498-A IPC and Dowry Prohibition Act and other co-accused Suraj Pal Rastogi and Smt. Urmila Rastogi were acquitted for the offence punishable under section 498-A IPC and 3/4 Dowry Prohibition Act.
(2.) Facts germane to the appeal are that on 15.06.2001 complainant Hari Mohan Rastogi s/o Late Sri Gopi Chandra Rastogi, r/o B-206 Avas Vikas, Budaun submitted an application to C.O., Bisauli stating that his daughter Laxmi Rastogi was married with Shalu Kumar Rastogi s/o Suraj Pal Rastogi, r/o Kasba Bisauli, District Budaun on 25.02.1996, wherein Rs. Two lakhs were spent by him. However, in-law's of his daughter were not satisfied and they had also shown their dissatisfaction at the time of 'Tika' ceremony. They used to harass and torture his daughter physically and mentally. The complainant earlier on three occasions had given Rs. 20,000/- each purchasing peace and for the welfare of his daughter to them but the greed of accused persons was not satisfied, they continued to torture his daughter and did not deter with their misdeeds. On 04.06.2001 at about 4.30 P.M. accused Suraj Pal Rastogi and his wife Smt. Urmila Rastogi caught hold his daughter and their son Shalu Kumar poured a cane of five litres kerosene and set her ablaze and bolted her in a room in burning condition. When the fire did not extinguish her sister-in-law Laxmi Rastogi tried to save her by pouring water. The accused persons neither informed the police nor the family of the complainant and they took her to Sheel Hospital, Bareilly with 90% burns. On receipt of information on phone from Sheel Hospital, Bareilly about precarious condition of their daughter but before the complainant and his family members could reach Sheel Hospital, Bareilly Smt. Beenu Bahal, President, Vayapar Mandal, Bareilly got the statement of the daughter recorded through City Magistrate, Bareilly and informed the Inspector and C.O. Bisauli. The accused persons desired money for her treatment from complainant and protested their stay with the victim. When the wife of the complainant protested on 08.06.2001, accused persons tried to drove her out after beating in presence of Neelam Rastogi, Kamal Rastogi, Seema Rastogi and several patients. They also requested the accused persons to permit mother of the victim and her family members not to stop their stay in the hospital. Considering her serious condition the doctor of Sheel Hospital, Bareilly advised to take her to Safdarjang Hospital, Delhi on 13.06.2001 but the accused persons did not pay any heed while the complainant was busy in making arrangements for the treatment of her daughter, she succumbed to the injuries in the house of the accused on 14.06.2001 at 9.15 P.M., so he could not lodge the report earlier. On the basis of this application case at crime no. 340 of 2001, under sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act was registered at police station Bisauli, investigation whereof was entrusted to C.O. Bisauli Sri Prakash Dwivedi, who on the same day recorded statement of Tehsildar Vinay Kumar Pathak, complainant Hari Mohan Rastogi, Smt. Chandra Kant Rastogi, Shivam Rastogi, Smt. Devki Devi, Sri Brij Raj Rastogi as also the witnesses of inquest report. At the instance of complainant site plan was prepared by him. Ere that on 15.06.2001 Vinay Kumar Pathak, Tehsildar, Bisauli conducted inquest on the cadaver of the deceased Smt. Laxmi Devi in her matrimonial home and after completing other formalities sent the same in sealed cover for post mortem examination along with usual papers.
(3.) Dr. Har Pal Singh conducted autopsy upon the corpse of the deceased on 15.06.2001 at 4.00 p. m. He found that 27-years old deceased was having average built body. Rigor mortis was present on all four limbs. PM staining on dependent part was present. Eyes and mouth were half closed and scalp hairs were burnt. He found the following ante-mortem injuries on her person: Ante-mortem injury "Superficial to deep burn on all over the body except left side lower part of abdomen. Line of redness present. Blister at places present." In internal examination the doctor found that membranes, pleura, larynx, trachea, spleen, kidney and pericardium were congested. Carbon soothing particles were found in the larynx and trachea. 100 gram semi digested food was found in the stomach. Her uterus was non-gravid. In the opinion of the doctor the deceased suffered death due to shock as a result of ante-mortem burn injury.;