- (1.) This Criminal Appeal is directed by the appellants against the judgment and order dated 22.5.2012 passed by the Additional District & Sessions Judge, Court No.8, Basti in Sessions Trial No. 137of 2010 (State Vs. Jitendra Singh and another) pertaining to crime no. 8 of 2010, Police Station Dubauliya, district Basti whereby the appellants have been convicted and sentenced under Section 498-A IPC to undergo 2 years' rigorous imprisonment and fine of Rs. 5,000/- to each, for the offence under Section 4 Dowry Prohibition Act to undergo one year rigorous imprisonment and fine of Rs. 5,000/- to each. In default of payment of fine to undergo additional imprisonment was also ordered. Appellants have also been convicted and sentenced for the offence under Section 304-B IPC to undergo rigorous imprisonment of 10 years.
(2.) Prosecution story in nutshell is as under :
(3.) On 28.12.2009 informant Amit Singh brother of the deceased moved a written report (Ext. Ka-1) to the police station concerned mentioning therein that his sister Neetu Singh was married with appellant Jitendra Singh on 12.5.2007. Sufficient dowry was given at the time of the marriage including jewellery and other house hold articles. Appellant Jitendra Singh and his mother usually abuse and torture her. By that time deceased was pregnant. Appellant Jitendra Singh compelled to the deceased to demand the money for her treatment from her parents because he has been retrenched from the service. Informant family had given Rs. 2,000/- for the treatment of the deceased. Deceased remained perturbed as her in-laws were not taking care of her. Informant had taken the deceased to Delhi on 1.1.2009. The deceased gave birth to a female child in Guru Govind Singh Hospital, Delhi. After about four months again deceased came at her in-laws house. Few days thereafter Jitendra Singh, his mother Englisha Singh, father Ram Nihal Singh demanded Rs. 1 lakh for purchasing jeep. They showed their inability to pay the amount. Due to this reason deceased was burnt by the accused persons on 26.12.2009. No information was given to the informant regarding the incident. Maternal uncle of the informant informed them that deceased is admitted in the Gorakhpur Hospital. On 27.12.2009 informant and his family members reached there. Deceased started weeping saying that accused person burnt her due to non fulfilment of demand of money for purchasing jeep. She also stated that she will not survive. The people present there told to approach to the District Magistrate concerned for recording the statement of the deceased. When informant reached there the official concerned asked him to go to the D.I.G. Office. He also approached to the D.I.G. office but no action was taken on one pretext or the other. On the day when information was given to the police concerned the deceased was under treatment in the hospital concerned. Prayer was made to lodge the first information report.;