M.C.JAIN, J. - (1.) IT is a case of bride's unnatural death within seven years of her marriage. The incident occurred on 3-11-2000 at about 12 o'clock in the noon in her Sasural in the city of Farrukhabad. She (bride Gita) was married to the accused respondent No.1 Satya Narain Tiwari alias Jolly nearly three years before. The accused respondent No.2 Smt. Rani alias Bhuvaneshwari is her mother inlaw. Both the accused respondents have been acquitted for the offences under S.498A / 304B, IPC and 3/4 of the Dowry Prohibition Act by the Additional Sessions Judge / Special Judge (DAA), Farrukhabad by judgment and order dated 18-6-2003 passed in Sessions Trial No. 172 of 2001. The State has filed the instant Government Appeal against acquittal and the complainant Surya Kant Dixit (father of the deceased Geeta) has also challenged the judgment of acquittal through Criminal Revision No. 1797 of 2003 which has been clubbed with the Government Appeal. The Government Appeal and the Criminal Revision are being decided by this common judgment.
(2.) THE essential background facts are these : Surya Kant Dixit PW 1 (father of the deceased) resident of adjoining district Mainpuri lodged a formal FIR on 3-11-2000 at 5.10 P. M. at Police Station Kotwali, District Farrukhabad on the basis of which a case was registered. Earlier thereto, Smt. Rani, the accused respondent No.2 (mother inlaw of the deceased) had informed the police at 1.10 P. M. the same day, setting up the story of suicide having been committed by the deceased when she (accused respondent No.2) had allegedly gone to her another house under construction and her husband having gone to the place of his employment Bank and her son (accused respondent No.1 husband of the deceased) having gone to his business shop. The information passed on by her to the police had set the machinery in motion, leading the police to reach spot, preparation of inquest report etc. of the dead body of the deceased. The accusations made by the father of the deceased in the formal FIR were that about three years before the incident, he had married her daughter Geeta with the accused No.1 Satya Narain Tiwari alias Jolly after giving Rs.4 Lacs in dowry as demanded by the inlaws of the deceased. After about six months of the marriage, his daughter's husband and mother inlaw (accused respondents) started demanding a Maruti car as part of the dowry, subjecting the deceased to cruelty on this score. His daughter Geeta used to complain to him in this behalf on phone, his brother Vinay, cousin brother Ravindra Kumar, Jaideo Awasthi etc. About three months before the incident, he and Jaideo Awasthi had gone to the Sasural of Geeta when her mother inlaw Rani repeated the demand of Maruti Car. On expressing his inability to meet the said demand, he and Jaideo were insulted and turned out of her house. However, he swallowed all this and did not take any action at the persuasion of Geeta and her father inlaw Ghanshyam Tiwari. On the day of the incident (3-11-2000) at about 12 O' Clock someone gave information to him on telephone at Mainpuri about his daughter's death. He immediately left Mainpuri for Farrukhabad and reached the place of occurrence at about 4 PM. to find half burnt dead body of his daughter in the bedroom with a half burnt piece of cloth around her neck. Her tongue was protruding. He also noticed drops of blood and Bindiya lying in the balcony. Shortly put, this was the accusation made by the father of the deceased. As per the FIR, he accused that his daughter had been killed by her husband and mother inlaw.
(3.) AFTER lodging the FIR, the first informant made an application Ex. Ka 2 to the District Magistrate, Farrukhabad for constituting a panel of five doctors for conducting post mortem. Acceding to his request, in consultation with the Chief Medical Officer, Farrukhabad, the District Magistrate constituted a panel of three doctors for conducting post mortem over the dead body of the deceased. It was taken up that very day, i.e. 3-11-2000 at 10-10 P. M. The panel consisted of Dr. R. K. Singh, Dr. R. D. Srivastava and Dr. Janardan Babu who conducted autopsy on the dead body of the deceased. One of them, Dr. R. K. Singh has been examined as PW 3 to prove the post mortem report. The salient features of the same are set forth here for the sake of facility. The deceased was aged about 24 years and about 1/2 day had passed since she died. She was of average built. Eyes and mouth were partly open. Tongue was between teeth. The body had pugilistic appearance. Smell of kerosene was present. Rigor mortis was also present. There was a half burnt cloth around the neck with knot half burnt. Half burnt bed sheet and other clothes as also a half burnt wire mingled with burnt clothes were found. A burnt cordless phone was also found. The following ante mortem injuries were found on her person. (1) Ligature mark all around the neck, 31 cm. x 7 xm. Base slightly grooved with dark red. On cut section tissue ecchymosed and tracheal ring compressed. Clotted blood under soft tissues found. (2) Superficial to deep burns all over body. Blisters at places present. On cut section serum fluid present.;