R. C. Deepak, J. - (1.) -The State of U. P. after the grant to leave has filed this Government appeal against the judgment and order dated 5.6.1999, passed by Sri Vinod Kumar, learned Additional Sessions Judge, Agra in Sessions Trial No. 52 of 1994 under Sections 498A and 304B, I.P.C. Police Station Acchnera, district Agra whereby he acquitted the accused-respondents-Deepak Poddar, Smt. Padma Poddar and Dinesh Poddar.
(2.) ACCORDING to the first information report, Kanika was the sister of Asim Sarkar resident of 52/81A, Barakhamba, Police Station, Shahganj, district Agra. She was married to Deepak Poddar resident of Kasba Kerawali, Police Station Acchnera, district Agra. It is alleged that she was harassed and beaten for scooter and fridge in dowry by her in-laws just after the solemnization of marriage, that on 24.9.1991, the accused Deepak Poddar and Smt. Padma Poddar burnt her to death. Asim Sarkar, the brother of the deceased, lodged the first information report (Ext. Ka-4) registered as Case Crime No. 247 of 1991, under Sections 498A and 304B, I.P.C. against the accused concerned. On the other hand, Deepali, the sister-in-law of Kanika and the sister of Deepak Poddar submitted an application on 24.9.1991 at Police Station, Acchnera to the effect that her bhabhi (Kanika) died of self-immolation inside her room. This application was given effect to at report No. 11 in the G. D. dated 24.9.1991 at 9.40 a.m. This information put the police machinery into motion, as Sub-Inspector D.P. Awasthi and Naib Tehsildar Bharat Lal reached the place of occurrence, took the dead body of the deceased into possession and prepared the inquest (Ext. Ka-7). The informant Asim Sarkar her brother and Smt. Sapna Sarkar wife of Uttam Sarkar the bhabhi of Kanika participated in the inquest. The dead body was sent for post-mortem examination. Dr. Ashish Srivastava conducted the post-mortem on her dead body and found superficial to deep burn injuries present all over body almost 100% burn. The post-mortem examination report is Ext. Ka-22. The doctor opined the cause of her death shock as a result of anti-mortem burn injuries. The investigation into the case was taken by Surendra Pratap Rai, the Circle Officer. He recorded the statements of the prosecution witnesses and prepared the site plan Ext. Ka-6. He recovered a latch of the door. The recovery memo is Ext. Ka-7. He also received a letter from Asim Sarkar said to have been written by Kanika, which is Ext. Ka-3. After the completion of the investigation, he submitted the charge-sheet No. 199 of 1999 (Ext. Ka-2) under Sections 498A and 306, I.P.C. against the accused concerned. The trial court framed charges under Sections 498A and 304B, I.P.C. against them, who pleaded not guilty and claimed to be tried.
(3.) TO prove its case, the prosecution examined as many as five witnesses. Asim Sarkar (P.W. 1) and Uttam Sarkar (P.W. 2) are the witnesses of fact and Bani Singh (P.W. 3), Surendra Pratap Rai, the Investigating Officer (P.W. 4) and Bharat Lal (P.W. 5) are the formal ones. Since the genuineness of the post-mortem examination report was admitted by the learned counsel for the accused-respondents, so the doctor was not examined. The accused examined Munna (D.W. 1), Ram Kishan (D.W. 2) and Dr. B. B. Yadav (D.W. 3) in their defence.;