Om Prakash -VII, J. - (1.) This criminal appeal has been filed by the appellants Chandra Bhan Maurya and Ram Chandra Maurya against the judgment and order dated 30.1.2010 passed by Additional District & Sessions Judge, Court No. 10, Allahabad in Sessions Trial No. 59 of 2003 (State v/s. Chandra Bhan Maurya and others) arising out of case crime No. 30 of 2002 under Ss. 498 -A, 304 -B of the Indian Penal Code (In Short 'IPC') and 3/4 Dowry Prohibition Act, Police Station Utaraon, District Allahabad whereby the trial Court has convicted and sentenced the accused -appellants for the offence under Ss. 498 -A IPC for two years rigorous imprisonment and a fine of Rs. 5000/ - and in default of payment of fine, one month additional imprisonment, for the offence under Sec. 304 -B IPC for ten years rigorous imprisonment and a fine of Rs. 20000/ - and in case of default in payment of fine, six months additional imprisonment and for the offence under Sec. 3/4 Dowry Prohibition Act, one year rigorous imprisonment and a fine of Rs. 1000/ - and in default of payment of fine, one week additional imprisonment. All the sentences shall run concurrently. The prosecution story, as unfolded in the First Information Report, in brief was as under.
(2.) The informant Dwarika Prasad (P.W. 1) son of Mahadev resident of village Nazarpur, P.S. Suriyawan, District Sant Ravidas Nagar (Bhadohi) gave a written report/application (Ex.Ka. -1) to the Senior Superintendent of Police, Allahabad stating therein that on 11.6.1998, he performed a decent marriage of his daughter Nisha Devi with Chandra Bhan Maurya son of Ram Chandra Maurya resident of Damgada, P.S. Utraon, District Allahabad. He gave Rs. 11000/ - in cash alongwith clothes and other gift items in the tilak ceremony and in the marriage, according to the demand, Rs. 25000/ - in cash was given for scooter. When his daughter came back after 15 days of her vidai, she told her father that her father -in -law (Ram Chandra Maurya) had spent all the money given in the marriage and pressurizing her to bring one motorcycle, a colour tv and Rs. 1,00,000/ - in cash for doing the business of carpet. On this, the informant and family members became shocked. Thereafter, the informant visited the place of his son -in -law and talked to him and his father, who told the informant about the fulfillment of their demand. For the welfare of his daughter, the informant gave assurance to her in -laws' and again his daughter was sent to her matrimonial home alongwith a motorcycle. In spite of this, the husband and her in -laws' used to extend cruelty and harassment to her daughter. Sometimes her mother -in -law caused burn injuries to her by heated element. The informant was in constant touch with her daughter. Within three years of her marriage, two daughters were born out of the wedlock, out of which one was about 7 - 8 months old. On 4.2.2002 at about 4 to 5 p.m., her in -laws' and husband poured kerosene oil on his daughter and set her ablaze. On objection made by the neighbours, they admitted her daughter in the hospital, where she succumbed to her injuries on 9.2.2002. On 6.2.2002, Ram Chandra, the father -in -law of the her daughter, got registered the agricultural land in the name of his grand children for the assurance that the informant would not lodge the case of dowry death. During treatment in the hospital when she (deceased) regains her consciousness, her in -law's and husband used to threat her. On 5.2.2002, on receiving information, the informant came to Swaroop Rani Hospital and saw that proper treatment was not being given to her daughter. He spent about Rs. 10000/ - in the treatment to save the life of her daughter. After her death, the informant made several attempts to lodge the F.I.R. against the accused persons, but F.I.R. was not lodged.
(3.) On the basis of written report, First Information Report (Ex.Ka -2A) was lodged on 24.2.2002 at police station concerned. G.D. entry was also made.;