M.C.JAIN, J. - (1.) INSTANT appeal has been preferred against the judgment and order dated 22nd February 2001 passed by I Additional Sessions Judge, Jhansi in Sessions Trial No. 132 of 1999 whereby respondent Nos. 1 to 4 Ramesh Kumar, Rajendra Kumar, Smt. Kamla and Smt. Rani have been acquitted of the charges under Sections 498-A and 304-B I.P.C., Police Station Gursarai, District Jhansi.
(2.) WE have heard learned A.G.A. Sri R.K. Singh for the appellant-State of U.P. and Sri Vivek Sandilya, learned Counsel for the respondents. We have gone through the record. The prosecution case in brief was that the deceased Smt. Kalawati was married to accused respondent No. 1 Ramesh Kumar resident of Village Banka Pahari, Police Station Gursarai, District Jhansi. Father of Smt. Kalawati was resident of Village Jawan, Police Station Sakrar, District Jhansi, which was at a distance of 75 Kms. from Banka Pahari. The marriage took place about three years before 24-9-1998 when Smt. Kalawati met her unnatural death inside the house of her husband Ramesh Kumar. Rajendra Kumar is the brother of Ramesh Kumar. Smt. Kamla is the mother-in-law of Smt. Kalawati and Smt. Ram is the married Nanad of the deceased. The marriage was celebrated according to Hindu rites. According to prosecution, an amount of Rs. 20,000/-in cash and presents were given in the marriage but the respondents were not satisfied. When Smt. Kalawati went to her husband's house, demand of further amount of Rs. 20,000 was made by the respondents who were living together. The respondents started tormenting her to pressurize her for fetching the said amount of Rs. 20,000 from her parents. Her request expressing her parents' inability to satisfy the demand did not yield any result. Whenever she visited her parental home, she told about her miseries but Rs. 20,000 could not be given by her parents. Consequently, her torture continued. On 24-9-1998, the father-in-law of the accused respondent Rani resident of village Dhamna, District Jhansi informed the brother of Smt. Kalawati and other family members that she (deceased Kalawati) was ill at her husband's house. On this information, the informant Balaram - brother of Smt. Kalawati alongwith Chiranji Lal (another brother of Kalawati), Chandra Bhan and several other persons reached Village Banka Pahari and found Smt. Kalawati lying dead. On enquiry, it allegedly came to be revealed by the neighbours that the accused-respondents had strangulated her to death due to non-fulfillment of the demand of dowry. Since the information was given in the morning at about 7 a.m., these persons at first reached Banka Pahari to ascertain the condition of Smt. Kalawati and thereafter on 24-9-1998 itself at 5.10 p.m. Balaram (brother of the deceased) lodged the F.I.R. against the accused-respondents. A case under Sections 498-A and 304-B I.P.C. was registered at Police Station Garautha, District Jhansi.
(3.) INQUEST report was prepared by PW 9 Sri R.L. Prajapati, the then Sub-Divisional Magistrate. No external injury was found on the body of Smt. Kalawati. After inquest report, the dead-body was sent for post-mortem examination which was done by PW 4 Dr. R.S. Parihar on 25-9-1998 at 2.30 p.m. at Jhansi. In the opinion of the Doctor, Smt. Kalawati was aged about 22 years. Tongue and eyes had protruded. Eyeballs were coming out. There was discharge from both nostrils. Saliva was present on right side mouth and maggots were present over the neck. A ligature mark was found all around the neck except on back measuring 36 cm x 1 cm. This ligature mark was on the neck above thyroid cartilage upward upto mastoid. Small amount of semi-digested food was found in the stomach. In the opinion of the Doctor, death had taken place two days before and she had died due to asphyxia as a result of hanging.;