- (1.) Under challenge in the instant Criminal Appeal is the judgment and order dated 30.06.2010 passed by Additional Sessions Judge/Special Judge (E.C.) Act, Jaunpur, in Sessions Trial No. 285 of 2009, arising out of Case Crime No.413 of 2009, Police Station Khuthan, District Jaunpur, whereby the present appellant was held guilty for the offence under Sections 498-A, 326 and 302 IPC. He was sentenced for the offence under Section 498-A IPC with rigorous imprisonment for a period of three years and also with fine of Rs.3,000/- with default stipulation of one year's additional rigorous imprisonment. For the offence under Section 326 IPC, he was sentenced with rigorous imprisonment for a period of ten years and also with fine of Rs.3,000/- with default stipulation of one year's additional rigorous imprisonment. For the offence under Section 302 IPC, he was further sentenced with imprisonment for life and also with fine of Rs.3,000/- with default stipulation of one year's additional rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) In brief, the case of the prosecution was that the complainant Gyanendra Chaturvedi, who happens to be the brother of the deceased Maya Devi, had lodged a first information report on 26.04.2009 at about 22:30 hours alleging therein that the marriage of his sister Maya Devi had taken place with appellant in the year 2001. The appellant and his family members used to treat her sister with cruelty to fulfil their demand of dowry. On 04.06.2006, the sister of the complainant namely Maya Devi was beaten and turned out of her house without her clothes and ornaments. A suit for maintenance was also pending in the Civil Court. About three months prior to the incident of the instant case, Hari Narayan along with his some relatives came to the house of the complainant and asked him to send her wife Maya Devi with him and assured him that he shall keep Maya Devi as his wife properly and shall not treat her with cruelty. Relying on the assurance of the appellant, the complainant sent his sister Maya Devi along with her two daughters Juhi and Sonali. But even thereafter, there was no improvement in the cruel behaviour and to pressurize their demand of dowry, she was treated with cruelty. Her sister used to tell all these things to the complainant but he used to console her to bear with the conditions. On 14.04.2009 at about 02.00 PM, Maya Devi made a phone call to the complainant and informed him that the family members of her in-law's home are making a plan to cause her death and have taken out her ornaments and she also requested the complainant to come and save her. Getting this information, the complainant immediately went to the house of the appellant. His family members told him that she was not feeling well, therefore, Hari Narayan had taken her for treatment and in spite of his best efforts, he was not permitted to meet his sister. Ultimately, the complainant came back to his house. On the next day i.e. 15.04.2009 at about 08.30 AM, he received a phone call that Hari Narayan and his family members have set the deceased ablaze to pressurize the demand of dowry. On getting this information, the complainant came to the matrimonial home of Maya Devi where he got information that she had been taken to the hospital. The complainant went to District Hospital, Jaunpur, where he found her sister lying and crying with pain. On inquiry, she disclosed that because of dowry, her husband Hari Narayan and his family members, with an intention to kill her, have poured kerosene oil on her and have set her ablaze and they have absconded after admitting her in the hospital. On the basis of this information, case was registered on 26.04.2009 at 2230 hours and the investigation proceeded. Medical examination of the deceased Maya Devi took place on 15.04.2009 at 10.50 AM and 50% superficial to deep burn injuries were found on her body. Her dying declaration was recorded on 15.04.2015 by the Tehsildar (Judicial), Jaunpur. She died in the District Hospital on 17.05.2009 at 09.40 AM and the post-mortem on her body was conducted on the same day at 04.30 PM. As per post-mortem report, about 40-50% burn injuries involving both legs, thighs and chest were present at places and redness was also present. In the opinion of the doctor, the cause of death was septicaemia and shock as a result of ante mortem burn injuries.
(3.) After completing the investigation, charge sheet was filed against the present appellant.;