M.C. Jain, J. - (1.) Government appeal in question has been preferred by the State against judgment dated 9.6.2000 passed by the Special Judge ( Anti-Corruption Act)/Additional Session Judge, Gorakhpur in S.T. No. 567 of 1998. The accused respondents Kundan alias Utkarsh, Anushil alias Kunwar, Jagdamba Gaur and Keshav Prasad Gaur have been acquitted of the charges under Section 498-A and 304-B I.P.C. and under Section 3/4 of Dowry Prohibition Act. The accused respondent No. l Kundan alias Utkarsh is the husband of the deceased Minni alias Ranjita Bharti; accused-respondent No. 2 Anushil alias Kunwar is younger brother of accused-respondent No. 1; accused-respondent No. 3 Jagdamba Gaur is the mother-in-law of the deceased and accused-respondent No. 4 Keshav Prasad Gaur is her father-in-law. Criminal revision No. 1933 of 2000 has been filed by Chandrawati Gaur (informant and the mother of deceased) challenging the acquittal. We propose to decide them together.
(2.) Broad features of the case are thus: The deceased was married with Kundan alias Utkarsh on 2.2.1998 according to Hindu rites and the incident occurred in her Sasural sometime in the night of 25.6.1998 or in early hours of 26.6.1998. The F.I.R. was lodged by deceased's mother- Chandrawati Gaur PW 1 at the concerned Police Station Shahpur, District Gorakhpur on 26.6.1998 at 11.30 A.M. As per the F.I.R., the informant had given sufficient dowry in the marriage of her daughter beyond expectation of her in-laws. Thereafter, the accused respondents started harassing her daughter pressing the demand of a maruti car in dowry. The deceased used to complain in this behalf to her mother. She told her daughter that she was in a financial crisis and would give maruti car too on making arrangement of finances. But the pressure for the same continued from the side of the accused-respondents with harassment of the deceased who, from time to time, used to inform her mother in this behalf on telephone. On 25.6.1998 at about 10.10 P.M. her daughter informed her on telephone bemoaning that she was being beaten up and implored her to save her life. Sensing the exigency of the situation, she with her sons Sanjai Bharti and Chandan Bharti PW 2 immediately went to her daughter's sasural at Bichhiya. Her Sasural's house was found locked. On inquiry from neighbours, she learnt that deceased was wailing, weeping and crying in the night and her in-laws took her to the hospital or somewhere else. Throughout the night, she kept her searching with her two sons in different hospitals and nursing homes but in vain. When she went to Gorakhpur Medical College in the morning, she found her to be admitted in Ward No. 5 in precarious condition. She was being medically treated there. She had injuries on her person. She died after sometime. She then lodged the F.I.R., setting the machinery of law in motion.
(3.) So, the accusation was that four accused-respondents had committed dowry death of her daughter because of non-fulfilment of their demand of maruti car. Consequent upon the registering of the case, the investigation was made by CO. Mahendra Yadav PW 5 who reached the medical College, prepared inquest report of the dead body of the deceased with preparation of necessary papers. The dead body after being sealed was sent for post mortem which was conducted on 26.6.1998 at 6.05 P.M. by Dr. Surendra Deo PW 6 in association with another Doctor A.K. Saxena. The site plan of the house of the accused-respondents was also prepared the same day by the Investigating Officer. After completion of investigation the chargesheet was laid, leading to trial. It should be related here that the deceased had died in Medical College, Gorakhpur at 9.55 A.M. on 26.6.1998. She was aged about 23 years. The following three ante mortem injuries were found on her person: A) Abrasion on right side of face 2 cm x 5 cm. B) Abrasion on right big and second toe. C) Abrasion 3 cm x 2 cm on post aspect of right leg. The cause of death could not be ascertained. Viscera was preserved. The viscera report ultimately disclosed the presence of aluminium phosphide poison. The deceased was carrying a male foetus of about 5 months.;