- (1.) CHALLENGE in this appeal is to the judgment and order dated 4.2.2003, passed by Special Judge (E.C.Act)/Additional Sessions Judge, Court No. 10, Barabanki, in Sessions Trial No. 779 of 1998, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.10000/ -. In default of payment of fine, he was further ordered to undergo simple imprisonment for one year.
(2.) BRIEFLY stated, according to the prosecution case, informant Ram Abhilakh had married his sister Geeta Devi with accused Ram Bilas Verma alias Abhilakh. At the time of marriage, sufficient dowry was given to the accused. Gauna ceremony took place after three years of the marriage. One son, namely, Rohit was born out of the said wedlock. Geeta Devi was being regularly harassed for want of dowry by her husband, father -in -law and mother -in -law. Khushi Ram Verma, the father of Geeta Devi went to village Bhoraee and requested the accused not to harass her daughter for dowry. It is alleged that on 5.2.1997 at 5 p.m, after pouring kerosene oil on Geeta Devi, the accused set her on fire. The incident had taken place in the house of the accused. She sustained serious burn injuries and was rushed to District Hospital, Barabanki. One Arjun, gave information to the informant that Geeta Devi had been hospitalized in a critical condition. The informant alongwith his mother and father rushed to District Hospital, Barabanki and found that Geeta Devi was lying unconscious. On 10.2.1997, an application was moved before the Superintendent of Police, Barabanki, who directed the police of P.S. Kothi to register a case on the basis of the said application. Accordingly, an F.I.R was registered on 16.2.1997 at 9 -45 a.m.
(3.) IN the meantime, the dying -declaration of Geeta Devi was recorded by a magistrate on 11.2.1997 at 9 -45 a.m. and she succumbed to her injuries the same day. After the death of the deceased, inquest report was prepared and the dead body was sent for post -mortem examination. The post -mortem on the dead body was conducted by Dr. Shahjahan. He found ante -mortem burn injuries 1st to 3rd degree all over the body except scalp, both palm and both feet; margins were red; infection present in some places and having pus. Hairs of scalp, axilla and pubic hairs singed. In the opinion of the doctor, death was caused due to shock as a result of ante -mortem burn injuries. The post -mortem report is Ext.Ka 2.;