Surendra Vikram Singh Rathore, J. - (1.) CRIMINAL Appeal No. 502 of 2011 has been preferred by appellant Pintoo alias Dinesh and Criminal Appeal No. 8093 of 2010 has been preferred by Smt. Rani. Since both the appeals arise out of the same judgement, hence the same are being disposed of together by a common judgment.
(2.) LEARNED counsel for the appellants, learned A.G.A. were heard in detail and we have perused the lower court record. Under challenge in these criminal appeals is the judgment and order dated 2.12.2010 passed by learned Additional Sessions Judge, Court No. 2 Kanpur Nagar in Sessions Trial No. 1288 of 2006 arising out of Case Crime No. 253 of 2006, Police Station Govind Nagar, District Kanpur Nagar, whereby both the appellants were convicted for the offence under Sections 498 -A & 304 -B I.P.C. and Section 3/4 of Dowry Prohibition Act. For the offence under Section 304 -B I.P.C., both the appellants, namely, Pintoo alias Dinesh and Smt. Rani were sentenced with imprisonment for life. For the offence under Section 498 -A I.P.C. they were further sentenced with rigorous imprisonment for a period of one and half years and also with fine of Rs. 5,000/ - with default stipulation of six months additional rigorous imprisonment. For the offence under Section 3/4 of the Dowry Prohibition Act, they were sentenced with imprisonment for a period of six month. All the sentences were directed to run concurrently. However, other accused Shiv Swaroop, who happens to be the husband of appellant Smt. Rani was acquitted of all the charges levelled against him.
(3.) IN brief, the case of the prosecution was that, marriage of deceased Smt. Renu, who happened to be the daughter of complainant Om Prakash was solemnized about five months prior to her death. Sufficient dowry was given in the marriage and after one month of her marriage, his son in law (appellant Pintoo alias Dinesh) and his parents asked the deceased to bring Rs. 50,000/ - in dowry from her father. Renu (deceased) came to her father several times and disclosed about such behaviour of the appellants. On few occasions, the complainant borrowed some money and made payment of Rs. 4,000/ - 5,000/ - on two -three occasions. On 22.9.2006, the accused persons, again forced the deceased to go to her parental house and bring Rs. 50,000/ -. The deceased replied that financial condition of her father was not good and he is unable to make payment of Rs. 1,000/ - so she will not go to demand money from him. On her such reply, she was treated with cruelty and appellant Smt. Rani asked appellant Pintoo alias Dinesh to bring kerosene oil and thereafter Pintoo alias Dinesh poured kerosene oil on her and set the deceased ablaze. When the deceased started running here and there because of the fire, then her mother in law (appellant Smt. Rani) poured water on her and she was taken to Hallet Hospital. The complainant after getting information of this incident immediately rushed to Hallet Hospital. Smt. Renu, after regaining her senses, told the complainant as to how she was treated with cruelty in connection with demand of dowry and ultimately on 22.9.2006 she was beaten very badly and was set ablaze after pouring kerosene oil on her. On 24.9.2006 her dying declaration was recorded. The complainant after the death of his daughter lodged F.I.R. of this case on 28.9.2006 at 17:30 hours.;