- (1.) This criminal appeal has been preferred against judgment and order dated 25.11.2013 passed by Additional Sessions Judge, Court No.5, Barabanki in Sessions Trial No. 359 of 2004, arising out of Crime No. 42 of 2001, under Sections 498A, 304B, 302 read with Section 34 I.P.C. and Section 3/4 Dowry Prohibition Act, whereby Learned Additional Judge has acquitted respondent-accused of the charges leveled against them.
(2.) Prosecution story as revealed from written complaint (Exhibit Ka-4) is that the complainant Ram Milan Dhobi son of Raghunath, Resident of Chimlai, Police Station Rampur Mathura, District Sitapur had married her sister to accused Rajmal son of Jairam Dhobi about 04 years before her death according to Hindu customs. At the time of marriage she was about 22 years old. Despite giving sufficient gifts in dowry in the marriage, respondent-accused were not satisfied with the dowry. When his sister went to her matrimonial home, the accused started demanding Bullet motorcycle and other articles as dowry. She was also harassed for the dowry. Due to not meeting with their demands, his sister Rama Devi was done to death by her husband, mother-in-law and father-in-law by putting her on fire on 18.4.2001 at about 11.00 a.m. She has eight months female baby in her lap at that time. Both were burnt to death. The complainant received information about their death from one Babu Lal of Village Jistanpurwa, whereupon complainant Ram Milan Dhobi gave written complaint (Exhibit Ka-4) in Police Station Mohammadpur Khala, which was recorded by Head Moharrir of Police Station on Chik Exhibit Ka-1 and relevant entries were also made in General Diary of Police Station (Exhibit Ka-3). Investigation was entrusted to Sri Gyananjay Singh, Circle Officer Fatehpur who proceeded to the spot and prepared Site Plan (Exhibit Ka-5A). He also collected burnt ashes from spot and prepared recovery memo (Exhibit Ka-5). Inquest Reports of dead bodies were prepared, which are Exhibit Ka-8 and Exhibit Ka-9. Dead body was kept in sealed cover and sent for post-mortem along with necessary papers. Autopsy was conducted on the cadaver of Rama Devi and baby Kiran, which are Exhibit Ka-7 and Exhibit Ka-8). Thereafter investigating officer also recorded statement of witnesses and after having found prima facie case against the accused persons, he submitted charge-sheet in the Court. Accused persons were summoned on the basis of charge-sheet and case was committed to the court of sessions where charges were framed against them under Sections 498A, 304B and 302 read with Section 34 I.P.C. and Section 3/4 Dowry Prohibition Act, to which they denied and claimed to be tried.
(3.) Prosecution in order to prove its case examined P.W.-1, Sub Inspector Shanker, P.W.-2 Bhag Dei,P.W.-3 Ram Milan, P.W.-4 Kaushal Kishore Mishra, P.W.-5 Mahadev, P.W.-6 Circle Officer Kunwar Gyananjay Singh,P.W.-7 Dr. Pramod Nautiyal and P.W.-8 Moh Ayub Khan;