Mrs Ranjana Pandya, J. - (1.) Challenge in this appeal is to the judgment and order dated 30.9.1992 passed by Additional Sessions Judge, Unnao in S.T. No. 80/1990 (State v. Rama Shanker and Others) , under Sections 498-A and 304-B I.P.C., Police Station-Kotwali, District-Unnao, whereby the accused Rama Shanker alias Ram Shanker, Mahaveer and Smt. Vidyawati were found guilty under Sections 498-A and 304-B I.P.C. and were sentenced to 3 years' rigorous imprisonment under Section 498-A I.P.C. and 10 years' rigorous imprisonment under Section 304-B I.P.C., however accused Ram Prasad was acquitted.
(2.) Filtering out unnecessary details, the prosecution story in brief is that a written report was lodged by Rajendra Prasad, father of the deceased stating that his daughter was married on 13.6.1987 to Rama Shanker. Sufficient dowry was given in marriage. But when the deceased came to her parental house for the first time, her husband demanded a motorcycle. When the informant said that he was financially weak, then they started demanding T.V. Due to this reason, dispute took place between both the families. On 20.5.1989 the brother of the deceased went to the matrimonial house of the deceased, at which a demand for rupees 10-15 thousand was made from him to enable the accused Rama Shanker to do business. This demand was made by the mother-in-law of the deceased. This demand could also not be fulfilled by the informant, due to which on 30.5.1989 some dispute took place due to which all the accused conspired and burnt the deceased to death as such a written report was lodged.
(3.) On the basis of this written report P.W. 5 Ram Dev Mishra, Head Constable scribed the chik report, which was proved by him as Exhibit Ka-5. Further this witness scribed the G.D., which was proved by him as Exhibit Ka-6. P.W. 6 is Chhedan Lal Kannaujia, who scribed the G.D. regarding the death of the deceased on 31.5.1989 at 11:11 a.m. The inquest report was prepared coupled with the photo dead body, challan dead body, letter to the C.M.O. concerned, letter to the R.I., which were proved by this witness as Exhibit Ka-7 to Ka-11. Dead body was sealed and sent for autopsy through Constable Sri Ram and Rajneesh. One stove was taken into possession from the place of incident. Its memo was prepared and proved by this witness as Exhibit Ka-12.;