OM PRAKASH,J. - (1.) Present Criminal Appeal has been filed by the appellants against the judgment and order dated 28.4.1988 passed by the VIIth Additional Sessions Judge, Varanasi in Sessions Trial No. 177 of 1987 (State v. Ramu Seth and others) convicting and sentencing the appellants for the offence under Section 304B I.P.C. for a period of seven years R.I. and under Section 498A I.P.C. for a period of two years R.I.
(2.) Appellant no. 1 Ramu Seth and appellant no. 4 Smt. Radhika Devi have expired during the pendency of the appeal, hence appeal filed by them was abated vide order dated 19.1.2017. Thus the appeal remains to be decided in respect of appellant no. 2 Rajendra Seth and appellant no. 3 Ashok Kumar.
(3.) Prosecution story in brief are as follows : On 9.2.1987 informant Radhey Shyam moved written report Ext. Ka-2 at police station concerned mentioning therein that deceased Shakuntala Devi daughter of the informant was married with Rajendra Seth, (appellant no. 2) in the month of July, 1986. Appellant Rajendra Seth and his father Ramu Seth demanded a motor cycle at the time of marriage but the informant could not fulfil the demand at that time. Deceased had gone to her in laws house after "Bidai". Informant had also given sufficient dowry according to his capacity but appellant and his father Ramu Seth were repeatedly demanding motor cycle and also causing threat. Appellant was not in a position to fulfil the demand hence denied to give motor cycle. Husband of the deceased, her in laws, brother in law and sister in law were causing cruelty and harassment due to non fulfilment of the demand. Informant visited the matrimonial house of his daughter to pacify the matter but the husband of his daughter and his other family members were adamant for fulfilling the demand and they also extended threat for dire consequences. Informant and his son whenever visit to the matrimonial house of the deceased they were never permitted to meet the deceased and were asked by the family members and husband of the deceased to bring the motorcycle first and thereafter they will be permitted to meet the deceased. They also declined to send her back. Informant thought that the matter will be subside with the passage of time and due to that reason he could not take any action against the appellants. On 8.2.1987 information was received through a relative that his daughter (deceased) was done to death by her husband, his father-in-law, mother-in-law and brother-in-law and sister-in-law. When informant reached at about 5 P.M. at the in laws house of his daughter the neighbourers told him that on 7.2.1987 deceased was done to death by the accused persons by burning her and dead body of the deceased was kept in mortuary of Kabir Chaura Hospital. Later on dead body was sent for post mortem examination to B.H.U. Hospital. Thus prayer was made by the informant to lodge the F.I.R. and to take action against accused person. On the basis of the written report Ext. Ka-2 chik F.I.R. Ext. Ka 3 was registered at the police station concerned on 9.2.1987 at 14.00 hrs. G. D. Entry as Ext. Ka-4 was also made. Investigating Officer prepared the inquest report Ext. Ka-1 and also prepared the police papers, kept the dead body in the sealed cover i.e. photo nash Ext. Ka 7, Form No. 13 Ext. Ka -8, letter to S.O. Concerned Ext. Ka-9 etc. Dead body was carried by the constables of the police station concerned to the post mortem house. Post mortem was conducted on 9.2.1987 on the dead body of the deceased. Post mortem report Ext. Ka-6 was also prepared. Investigating Officer also visited the place of occurrence and prepared the site plan. After interrogating the witnesses and fulfilling the entire formalities charge sheet was filed for the offfence under Section 498A, 304B I.P.C. and Section 4 Dowry Prohibition Act. Concerned Magistrate after registering the case took the cognizance in the matter and case was committed to the court of sessions for trial. Appellants appeared before the court concerned and charge against them for the offence under Section 302 read with Section 34, 498-A read with Section 34, 304-B read with Section 34 I.P.C. were framed. Appellants denied from the charges levelled against them and claimed their trial. ;