R. N. Misra, J. - (1.) -This appeal has been preferred by the convicted appellants, Rajesh Pandey, Kallu alias Shivdhani, Smt. Rama and Smt. Shanti Devi alias Sitawati against the judgment and order dated 5.12.2003, passed by Smt. Kamini Pathak, the then Additional Sessions Judge (Fast Track Court No. 1), Fatehpur, whereby the appellants have been convicted for life imprisonment for the offence, punishable under Section 304B, I.P.C. They have further been convicted for the offence punishable under Section 498A, I.P.C and Section 3/4 of Dowry Prohibition Act and sentenced to undergo R.I. for three years, fine of Rs. 10,000 and R.I for two years with fine of Rs. 10,000 respectively. In case of non-payment of fine, they have been sentenced for additional R.I for one year and six months respectively.
(2.) THE facts giving rise to this appeal are as under : THE accused-appellants are resident of village Budhanna, Police Station Chandpur, district Fatehpur. THE complainant-informant, Shiv Balak Tiwari is. resident of village Garhi, Police Sation Jafarganj, district Fatehpur. Smt. Rekha aged about 23 years was daughter of complainant, Shiv Balak Tewari, who was married with the accused-appellant, Rajesh Pandey about five years back to the occurrence in question. THE accused-appellant Kallu alias Shivdhani is the father of appellant Rajesh Pandey, Smt. Rama is daughter of Kallu alias Shivdhani and Smt. Shanti Devi is his wife, meaning thereby, Rajesh Pandey is husband, Kallu alias Shivdhani is father-in-law, Smt. Shanti Devi is mother-in-law and Smt. Rama is sister-in-law (nanad) of deceased Smt. Rekha. The marriage had been performed according to the Hindu rites. In the marriage, dowry etc. were given by the complainant-informant according to his capability but the accused-persons were not happy. They were demanding Bufallo, golden chain and Rs. 20,000 in cash in dowry and for that they were torturing the deceased. Smt. Rekha used to make complaints regarding her harassment and torture by her husband and in laws to her parents. The complainant-informant repeatedly made attempts to pursuade the appellants for not torturing his daughter. He also told them that he was not in a position to fulfil their demands. On 7.7.2000 at about 1.00 p.m., the complainant-informant was informed that in-laws of his daughter burnt her alive by pouring kerosene oil on her. It was also informed that before burning, she was beaten by them. When the complainant-informant with his associates went to the house of in-laws of his daughter, the village people told him about the incident. No one was available at the house of accused-persons except a minor child of deceased Smt. Rekha. The village people told the complainant-informant that the neigbourers had taken Smt. Rekha to some hospital in Qasba Amauli, district Fatehpur on a Tractor, where she died. The dead body of the deceased was lying at the house of accused-persons.
(3.) JUST before a day of occurrence, i.e., on 6.6.2000, Vinay Kumar, the youngest son of complainant-informant had gone to the house of accused-appellants and met his sister Smt. Rekha who had told him about harassment and torture etc. made by the accused-appellants for dowry. The deceased had given a letter in which the entire facts were disclosed. The complainant-informant lodged report of occurrence to the Police Station, Chandpur, district Fatehpur on 7.7.2000. The writen F.I.R is Ext. Ka-1. The police registered a case under Sections 498A and 304B, I.P.C. and Section 3/4 of Dowry Prohibition Act, against the accused-appellants which is evident from the copy of G.D. Ext. Ka-16. Chik report is Ext. Ka-15. The matter was investigated by the police concerned. The Investigating Officer visited the spot and after inspecting the dead body, prepared inquest report Ext. Ka-8, photo of dead body Ext. Ka-11, Challan Ext. Ka-12 and after that he sealed the dead body and wrote letter Ext. Ka-9 and Ka-10 to the R.I. Police Lines and C.M.O. Fatehpur respectively for post mortem examination of deceased. Dr. A. S. Khan and Dr. B. K. Sharma conducted the post mortem examination of deceased on 8.7.2000. The post mortem report is Ext. Ka-5. The Investigating Officer took burnt clothes of deceased and plastic container which were recovered from the spot and prepared memo Exts. Ka-13 and Ka-14 respectively. He interrogated the prosecution witnesses and after concluding investigation, submitted charge-sheet Ext. Ka-7 against the accused-appellants.;