Surendra Vikram Singh Rathore, J. - (1.) Heard Mr. Salil Mohan, learned counsel for the appellant, Ms. Ruhi Siddiqui, learned A.G.A. for the State and perused the lower court record.
(2.) Under challenge in this appeal is the judgment and order dated 21.11.2011 passed by learned Additional Sessions Judge/Fast Track Court Ex. Cadre Court No. 7, Pratapgarh in Sessions Trial No. 437 of 2010 arising out of Case Crime No. 93 of 2010, Police Station Udaypur, District Pratapgarh whereby present appellant Sanjay Kumar Jaiswal was convicted for the offence under Sec. 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of two year additional simple imprisonment. However, the appellant was acquitted of the charges under Sec. 498 -A & 304 -B I.P.C. and Sec. 3/4 of the Dowry Prohibition Act.
(3.) In brief the case of the prosecution was that deceased Sangeeta, who happens to be the daughter of the complainant Ganga Prasad Jaiswal was married with appellant on 21.4.2007. Sufficient dowry, as per his financial capacity, was given by the complainant. After the marriage, there was a demand of motorcycle, Colour TV, Gold Chain in dowry by the appellant, his mother Chandrawati, his sister Sushila and Jethani Sunita. When the deceased came back to his parental house then she narrated this demand to her mother and also that she was being treated with cruelty in connection with the demand of dowry of such dowry. After some interval, the appellant and his mother came to the house of the complainant and made a request for Vida of deceased and assured the complainant side that no such behaviour shall be repeated. On 23.8.2009, at about 10:30 a.m., complainant received an information on phone that the condition of his daughter is bad. While the complainant, his brother Asha Ram and his wife were on way then they again received a phone call that Sangeeta is being taken to District Hospital, Raebareli. So these persons went to District Hospital, Raebareli and found that Sangeeta was badly burnt and was not able to speak. After two days when she regained her senses then she told her mother that she has been set ablaze by the appellant and her mother in law Chandrawati, sister and Jethani. Since the condition of the deceased did not improve, therefore, she was referred from District Hospital, Raebareli to Medical College, Lucknow where ultimately she died on 6.9.2009. The complainant and his family members were in shock. So when the complainant became able to move then he went to the police station Udaypur several times and gave report of this case. But his report was not lodged and the police asked him to take some compensation and no other action can be taken. Ultimately the complainant sent applications to several authorities and also to human rights commission. Ultimately the application, which was addressed to Chairman, Human Rights Commission, was sent to S.P. Pratapgarh. Under the orders of the S.H.O. concerned, finally the case was registered on 6.4.2010 at 21:10 hours. During investigation, the police inspected the place of occurrence and recorded the statement of several persons and also looked into dying declaration of the deceased, which was recorded on 24.8.2009 at 4:35 p.m. by PW -4 S.D.M. Jai Nath. Thereafter, charge sheet was filed against the present appellant only. It transpires from the perusal of the record that after the death of the deceased in Medical College, Lucknow, information of her death was given to the police through Ward boy Mony Kumar. On the basis of the said information, inquest proceedings were conducted and after completing the same, the dead body was sent for postmortem, which took place on 7.9.2009 at 4:05 p.m. As per postmortem report, the deceased died on 6.9.2009 at 4:15 p.m. and following ante mortem injuries were found on her body: - - "Superficial to deep septic burn wound present all over the body except head, small part of right shoulder, pubic region, both sole back on chest and abdomen. Pus stuff debris and unhealthy granular tissues present in burn wound. On opening and Sec. cutting of both lungs, liver, spleen and both kidney containing pus was found present at places" In the opinion of the doctor, the cause of death was septicemia as a result of ante mortem burn injuries.;