Sheo Kumar Singh, J. - (1.) Instant criminal appeal has been filed against the judgment and order 24.1.1997 passed by Ist Additional Sessions Judge, Faizabad, in Sessions Trial No.539 of 1994 , P.S. Bhiti, District Faizabad whereby and whereunder the accused/appellants Ram Milan Tewari and Ashok Kumar Tewari were found guilty under Sections 498-A and 304-B IPC and were sentenced to undergo rigorous imprisonment for a period of ten years each in the offence under Section 304-B IPC. The appeal of appellant No.1 Ram Milan Tewari has been directed to be abated vide order date 2.11.2016.
(2.) The brief facts as narrated in the first information report is that deceased Smt. Kumkum who was daughter of Harish Chandra Tewari resident of village Annawa was married to accused Ashok Kumar. At the time of marriage of accused, bullet motorcycle was demanded but since the complainant Harish Chandra Tewari was unable to provide motorcycle due to financial constraint, the accused persons started to maltreat and harass the deceased and for this, the relation between the couple and family of the deceased became bad to worse. When the deceased Kumkum returned back from the house of the accused, she regularly communicated this fact to her parents and family members with regard to continuous demand of dowry and torturing the deceased. On the information so received by the complainant Harish Chandra Tewari, he visited to the house of accused but he was not permitted to meet with the deceased. Further the deceased was not permitted to be sent to her parental house with the complainant. When complainant received an information that on 23.7.1994 at about 9.00 A.M. Smt. Kumkum was burnt to death, he immediately rushed to know the information and went to the police station and informed about the incident. The information was recorded on G.D. Ex.K-5 and concerned Sub Inspector came to the village who prepared inquest report, photo lash, challan lash, letter to C.M.O. and dead body was sent to medical hospital for post mortem examination. through constable Ram Lakhan Upadhyay and Chaukidar Sri Ram at Akbarpur. After investigation, charge sheet was submitted before the court and after taking cognizance of the offence, the case was committed to the court of session for trial. The accused/appellants were summoned and were charged under the aforementioned sections for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Harish Chandra Trwari, PW-2 Smt. Shyam Kali, PW-3 Dr. S.K. Singh, PW-4 Head Moharrir Rajendra Tewari, PW-5 Constable Ram Lakhan Upadhyay, PW-6 Virendra Singh Rathor investigating officer/Deputy Superintendent of Police Akbarpur were examined. In the statement recorded under section 313 Cr.P.C. the marriage between the parties was admitted but it was stated that the ceremony of gauna was performed within a year and also stated that the first information report was lodged by Chaukidar. It has further been stated in the statement under Section 313 Cr.P.C. that the complainant and his family members are of quarrelsome nature and thus the complainant lodged the first information report for ulterior motive. The accused/appellants have clarified that the case was registered due to certain inimical terms with the pattidar of the appellants. The incident as narrated by the appellants happened due to fire caught in the cloths of the deceased Kumkum while she was cooking food, and the neighbours reached there but she died. The appellant had examined Sri Pat Singh DW-1 as defence witness.;