Surya Prasad, J. - (1.) THESE two criminal appeals have been filed against the judgment and order dated 26th March, 1993 passed by the then Special Judge/Sessions Judge, Aligarh, in Session Trial No. 479 of 1991 (State v. Raj Kumar and others), convicting the appellants under Sections 147, 201, 498A, 304B and 302, I.P.C. read with Section 149, I.P.C. and sentencing each of them to 3 months R.I., 6 months' R.I., 1 year R. 1., no separate sentence under Section 304B, I.P.C. and imprisonment for life under Section 302/149, I.P.C. with a fine of Rs. 500/- respectively and in default of payment of fine to further undergo one month R.I. respectively.
(2.) THE prosecution case briefly stated is that Smt.Sudesh deceased was the daughter of Harbansh Singh (P.W. 2) resident of village Paharpur, police station Sivarpur, district Bulandshahar. She was married to the accused Raj Kumar, resident of village Sarsul, Police Station Tappal, district Aligarh, about a year prior to 20th July, 1991 on which date the incident had taken place. THE accused Raghuvir Singh, Smt. Rajendri, Km. Brijesh and Brij Pal Singh are father, mother, sister and brother respectively of Raj Kumar, husband of the deceased Smt. Sudesh. It is alleged that on 28th July, 1991 at about 12 noon all the accused gave beating to Smt. Sudesh deceased in their house, sprinkled kerosene oil on her and set her to fire. And yet she remained alive and, therefore, they removed her to their School-field, situated behind their Top and forcibly burnt her to death in that field. THE accused Raghuvir Singh had taken that field on patta. All the accused had been making demand for dowry since the solemnisation of the marriage of the deceased with the accused Raj Kumar. For that reason they had beaten her many times even before the present incident. She had told all this to her father and brothers. Devi Ram (P.W. 1), tried to persuade the accused not to do so. Since they did not get the dowry, they burnt her alive to death. Devi Ram (P.W. 1), Manvir (P.W. 3) and many others of the village had seen the incident. THEy had tried to save Smt. Sudesh, deceased. Her half burnt body was lying in the said field. Devi Ram (P.W. 1) lodged a written report. Ext. Ka-1, at the police station Tappal about the incident. On that basis a chik report, Ka-10 was prepared and a case was ultimately registered against the accused. An entry to that effect was made in the general diary at serial No. 10, an extract of which is Ext. Ka-11. After the registration of the case the investigation ensured. Sukram Pal Tomar (P.W. 5) was the then Station Officer of Police Station Tappal. He was away in Village Matav in connection with the investigation of another case, at the time of the registration of the present case at the Police Station. In that village he received the relevant papers of the instant case through a Home-guard, named, Kallu Khan. Consequently he (Sukram Pal Tomer, P.W. 5) accompanied by a Sub-Inspector Udai Bir Singh Malik and certain police constables depaurted for the place of occurrence. Reaching there, he directed the Sub-Inspector Udai Bir Singh Malik to prepare the inquest Ext. Ka-5 regarding the dead body of Smt. Sudesh. Consequently he prepared it. THE investigation officer Sukram Pal Tomar (P.W. 5) sent the dead body of Smt. Sudesh to the mortunary, through constable Araam Singh (P.W. 6). He arrested the accused Raj Kumar, Raghuvir and Smt. Rejendri next day. On 29th July, 1991 on return to his residence from other duty, the Circle Officer of Circle Khair Rizwan Haidar (P.W. 8) took up the investigation into the case. From Khair he proceeded to the police station Tappal where he took down the statements of the accused Raj Kumar, Raghuvir and Smt. Rajendri. THEreafter he depaurted for the place of occurrence. Reaching there, he took down the statements of Devi Ram (P.W. 1), Harbansh (P.W. 2), Manvir (P.W. 3), Km. Seema (P.W. 4) and certain others. He inspected the place of occurrence and prepared their site-plan Exts. Ka-14 and Ka-15. Dr. D. C.Saxena (P.W. 7) conducted the post-mortem-examination on the dead body of Smt. Sudesh on 29th July, 1991 at 4.30 p.m. and found the following antemortem injuries thereon : "(1) Burn-100% all over body upto 4th except some small skin aness on mid of front of both thigha upto 4th, 5th degree the extent and smelling of kerosene oil all over. At some places 1st to 3rd degree in depth but deeply charred i.e., upto bones or upto muscles with bones exposed in areas of face, neck, both upper limbs, lower limbs below the level of knee. Burns on both lateral sides of chest and abdomen, line of demarcation seen over thigh skin. Charred boney ends at both wrists its and ankle and bones of face also charred." In his opinion the death of Smt. Sudesh was due to shock as a result of extensive burn injury. He prepared the post-mortem Ext. Ka-12 at the time of conducting the post mortem examination. He has categorically stated that all the burn injuries found on the dead body of Smt. Sudesh were antemortem and not post mortem.
(3.) AFTER completion of the investigation into the case and on the receipt of the post mortem report, a charge-sheet was submitted against the accused. The prosecution examined the above named witnesses Devi Ram (P.W. 1), Harbansh Singh (P.W. 2), Manvir (P.W. 3), Km. Seema (P.W. 4), Sukhram Pal Tomar (P.W. 5), Araam Singh (P.W. 6), Dr. D. C. Saxena (P.W. 7) and Rizwan Haider (P.W. 8) and relied upon certain documents in support of its case.;