Pankaj Naqvi, J. - (1.) This criminal appeal is preferred against the judgment and order dated 3.9.2014 passed by Addl. Sessions Judge (Court No. 11), Kanpur Nagar in S.T. No. 1499 of 2003 (Case Crime No. 218 of 2013) convicting and sentencing the appellant under Sec. 304B IPC to 10 years R.I., with fine of Rs. 5000/ - each; under Sec. 498 -A IPC to 3 years R.I., with fine of Rs. 5000/ - each and under Sec. 3/4 D.P. Act to 1 year imprisonment with fine of Rs. 2500/ -each and a default sentence of three months. All sentences were to run concurrently.
(2.) Brief facts are as under: - An FIR was lodged by one Ramesh on 28.5.2009 (not examined, as he died) alleging that his daughter Sudha was married to Ravi Prakash (appellant No. 2) around 2 -1/2 years ago, but since then, appellant No. 1, i.e., the mother -in -law, appellant No. 2, the husband and Seema, the sister -in -law, who was living with her parents after her marriage used to torture and taunt his daughter for not giving any dowry and had also made a demand of Rs. 20,000/ - for starting an electrical shop for appellant No. 2, the son -in -law, which the informant was unable to accede. The report further alleged that a panchayat too was convened around 10 days prior to 22.5.2003, when at about 9:00 P.M., information was received telephonically that his daughter suffered serious burn injuries and is admitted in the hospital. The informant proceeded for the hospital, who was informed by his daughter that it were the appellants, who had caused the burn injuries, and that the accused persons have got a wrong statement recorded from her. The daughter succumbed to the injuries on 25.5.2003.
(3.) After investigation, a charge sheet was submitted against the three accused persons under Ss. 498 -A/304 -B IPC and 3/4 D.P. Act, cognizance taken, case committed and, charges framed. The accused denied the charges and claimed to be tried. The prosecution examined PW -1, the mother of the deceased to prove the written report (Exbt Ka -1), as the informant, i.e., the father of the deceased had expired, PW -2, Ram Chandra, the brother -in -law of the informant, PW -3, the constable who registered the FIR (Exbt Ka -2), PW -4 the Circle Officer/Neeraj Pandey, the I.O. PW -5 Dr. N.K.S. Yadav, conducted the autopsy, PW -6 S.I. Ajay Prakash, prepared the inquest, PW -7, the SDM, recorded the dying declaration of the deceased and PW -8, the sister of PW -1.;