Ranjana Pandya, J. - (1.) Challenge in this appeal is to the judgement and order dated 27.7.2012 passed by Additional Sessions Judge, Court No. 14, Varanasi in S.T. No. 155 of 2007 (State v/s. Beila Devi and others) arising out of Crime No. 276 of 2006, under Sec. 498A, 304B I.P.C. and Sec. 4 Dowry Prohibition Act, Police Station -Chaubepur, District -Varanasi, whereby the accused -appellants Kanhaiya, Sri Ram and Kamla Devi were not found guilty and were acquitted against all the charges, whereas the accused -appellant Beila Devi and Jiya Lal were found guilty under Ss. 498A, 304B and Sec. 4 of Dowry Prohibition Act and each was convicted and sentenced to 3 years of rigorous imprisonment with fine of Rs. 1,000/ - under Sec. 498A, under Sec. 304B I.P.C., each was sentenced to 10 years rigorous imprisonment and under Sec. 4 of Dowry Prohibition Act each was sentenced to one year rigorous imprisonment and Rs. 1,000/ - fine with default stipulation.
(2.) Filtering out unnecessary details the prosecution story as per the prosecution version is that Badri father of the deceased filed a written report on 6.7.2006 before the Station Officer, Varanasi alleging that his daughter Sonu was married four years prior to the lodging of the F.I.R. to Sant Raj. Sufficient dowry was given in the marriage, but after marriage the deceased was being tortured and ill treated due to demand of a two wheeler and a gold chain. There were differences between the deceased and her family members on this issue. When the informant used to go to meet his daughter, she used to weep and complain about this matter to her father. The informant consoled his daughter and also talked to her family members and told them that he did not have the financial capacity to give anything more as Dowry. On 6.7.2006 at 6:00 a.m. a man came on a motorcycle and stated that his daughter was burnt and as admitted in the Hospital opposite Chirai Gaon Block. On hearing this, the informant and his family members rushed to the Chirai Gaon Hospital. The Doctor stated that the injured was serious, hence she should be taken to Kabir Chaura Hospital. At the hospital, the deceased told the informant that she had slept in her house after taking meals, suddenly her mother -in -law Beila, brother -in -laws (Jeth) Jiya Lal and Kanhaiya, Sri Ram and Kamla Devi sprinkled kerosene oil on her and set her ablaze. Hence, report was lodged.
(3.) On the basis of this report, P.W. 5 Raghvendra Singh, Naib Tehsildar proceeded to prepare the inquest report of the deceased. He had received the relevant papers. The body was sealed and sent to B.H.U. for postmortem. The deceased had died due to burn injuries. The inquest Report was prepared and proved as Exhibit Ka -2.;