- (1.) Heard Mr. Amrendra Singh, learned counsel for the appellant, Mr. Chandra Shekhar Pandey, 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 24.11.2010 passed by Special Judge/Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 468 of 2007 arising out of Case Crime No. 3642 of 2007, Police Station Kotwali, District Lakhimpur Kheri whereby present appellant Pintu alias Dinesh Kumar Gupta was convicted for the offence under Section 304-B I.P.C. and was sentenced with imprisonment for life. He was further convicted for the offence under Section 4 of the Dowry Prohibition Act and was sentenced with rigorous imprisonment for a period of one year and also with fine of Rs. 2,000/- with default stipulation of one month simple imprisonment. Both the sentences were directed to run concurrently.
(3.) In brief of the case of the prosecution was that complainant Radhey Shyam Gupta got his daughter Reena married with the present appellant about three years prior to this incident. In the marriage, sufficient dowry was given according to his financial status of the complainant. But after the marriage the family members of the appellant started additional demand of dowry and in the connection of such demand of dowry she was continuously treated with cruelty. Several times, the respected persons of the society intervened in the matter but inspite of that the demand of dowry and consequential ill treatment continued. On 11.8.2007, the appellant and his family members committed the death of the deceased for not fulfilling the demand of dowry by setting her ablaze after pouring kerosene oil on her. The incident is alleged to have taken place at about 1:00 p.m. and information of this incident was given to the complainant by some unknown person. The complainant lodged F.I.R. against Rajendra Gupta, father in law, Guddi, mother in law, Pintu, husband (present appellant), brother in law Kamlesh Gupta and his wife. By the same judgment, other accused persons, namely, Rajendra Gupta, Guddi alias Sushila wife of Rajendra Gupta, Kamlesh Gupta, Sushila wife of Kamlesh Gupta were acquitted of the charges levelled against them. On the basis of this information, the case was registered and investigation proceeded. Inquest proceedings took place at the house of the appellant and after completing the other formalities, the dead body was sent for postmortem, which was conducted on 12.8.2007 at 3:00 p.m. at District Hospital, Lakhimpur Kheri. According to the postmortem report, following ante mortem injuries were found on the body of the deceased:- (i) Superficial to deep burn all over body. Line of redness was present at places. (ii) Multiple abraded contusions in an area of 10 c.m. x 4 c.m. over front left forearm. (iii) Abraded contusion 4 c.m. x 3 c.m. over front right leg. In the opinion of the doctor, the cause of death was due to shock as a result of ante mortem burn injuries.;