- (1.) K. S. Rakhra, J. This is an appeal under section 378 (3) Cr. P. C. against the judgment and order dated 26. 2. 2002 passed by Additional Sessions Judge (Fast Track Court No. 2,) Azamgarh in Sessions Trial No. 318 of 1992 whereby the Trial Court has acquitted all the five respondents of the charges under sections 498-A/304-B IPC.
(2.) BRIEF facts giving rise to the present appeal are that respondent-Ramesh Kumar resident of Qasba and police station Nizamabad District Azamgarh was married to Sheela Devi D/o Mahavir Prasad Barnwal resident of Mohalla Saraimeer Tola Mahajani Police Station Saraimeer District Azamgarh. After about three years of this marriage Sheela Devi died at her matrimonial home on account of burn injuries suffered by her on 22. 6. 1991. Her father Mahavir Prasad Barnwal then lodged a written report at Police Station Nizamabad District Azamgarh alleging that Ramesh Kumar aforesaid and his family members were not satisfied with the dowry given in the aforesaid marriage and they raised demand of motor cycle. In connection with said demand, they used to harass and torture Sheela Devi and also used to physically assault her. Mahavir Prasad then brought Sheela Devi to his home where she lived for a year. After that on 24. 5. 1999 Ramesh Kumar aforesaid came to the complainant's house and took back Sheela Devi with him to Nizamabad. On 22. 6. 1991 the complainant got news that Sheela Devi had received bum injuries. When Mahavir Prasad and his family members rushed to Nizamabad to find out the welfare of Sheela Devi, they came to know that she has been shifted to District Hospital Azamgarh. On reaching their they found that Sheela Devi had already expired. In the first information report it was mentioned that Sheela Devi had died on account of harassment and torture by her husband Ramesh Kumar and his family members. The police registered the first information report as Crime No. 115 of 1991 under sections 498-A/304-B IPC at Police Station Nizamabad District Azamgarh. The investigation of this crime was entrusted to Ashok Kumar Srivastava P. W. 5 who was Circle Officer (City) District Azamgarh. He took up investigation w. e. f. 23. 6. 1991 and recorded the statement of complainant Mahavir Prasad. He also visited the place of occurrence in Qasba Nizamabad and prepared the site plan. According to him, the incident had taken place at the first floor as well as roof of the second floor of the house of Ramesh Kumar Barnwal. At the first floor the place of occurrence has been shown in the kitchen and at the roof of the second floor some burnt pieces of gunny bags etc. were found. At the first floor in the kitchen the investigating officer had found pieces of burnt gunny bags, pieces of burnt sari, a canister of kerosene oil with about 3 litres of oil left in it. Since the victim Sheela Devi after the incident was rushed to District Hospital where she died, the inquest was made by S. I. Kashi Yadav, S. H. O. Kotwali, who prepared the inquest report Ex. Ka. l. The dead body of Sheela Devi after due formalities was sent to Civil Surgeon for autopsy. Ex. Ka. 2 is the post-mortem examination report issued by Dr. N. K. Jaiswal P. W. 4. According to him the deceased was aged about 19 years and her dead body had taken a pugilistic attitude on account of burn injuries and smell of kerosene was coming from it. They were 1st to 4th degree burns on whole of the body. The body was 100% burnt and black sooty particles were present. In the opinion of the doctor, this death had occurred due to shock as a result of extensive ante-mortem burn injuries and the victim had died about half day prior to the autopsy which was conducted on the body at 4. 45 pm on 22. 6. 1991.
(3.) IT was claimed by the prosecution that on 24. 6. 1991 the complainant Mahavir Prasad had handed over to the investigating officer the invitation card of marriage of Sheela Devi with Ramesh Kumar along with video cassette of the marriage. The complainant also handed over to the investigating officer four letters Ex. 2 to 5 which were allegedly written by deceased Sheela Devi. On 14th July, 1991 the complainant handed over a school book of the deceased to the investigating officer on which name of Sheela Devi was written allegedly in her own hand writing. The investigating officer recorded statement of other witnesses and submitted charge-sheet. The accused respondents Audhesh Kumar, Smt. Savitri Devi and Smt. Poonam were arrested by the police on 2. 8. 1991. The husband Ramesh Kumar had surrendered. The defence case was that of denial of any demand of dowry or harassment of the victim or her torture on account of any demand. According to the defence respondent Smt. Neelam Barnwal is Jethani and Audhesh Kumar Barnwal was Jeth. It was claimed that she was very affectionate, cultured and worldly wise and as such she was being loved, respected and endeared by all the members of Ramesh Kumar's family. Her affection towards Ramesh Kumar (Dewar) was misinterpreted by Sheela Devi as illicit relationship between the two. This Neelam was living at her parental home since about a year before the death of Sheela Devi. The defence case is that Ramesh Kumar, husband of Sheela Devi was being sent by the family to Thekama i. e. parental home of Neelam to fix a date for her return to her matrimonial home. The deceased Sheela Devi was however, trying to stop Ramesh Kumar from going to Thekama for this purpose and even threatened that if he went against her desire it would result into dire consequences. Ignoring displeasure shown and threat given by Sheela Devi, her husband Ramesh Kumar' left for Thekama in the morning of 22. 6. 1991. It is claimed by the defence that aggrieved by this, Sheela Devi committed suicide by pouring kerosene oil on her body and setting it to fire. She was rushed to hospital by the family members but on account of injuries received she died in the hospital.;