- (1.) K. N. Ojha and Shabihul Hasnain, JJ. The instant criminal appeal has been preferred under section 374 of the Code of Criminal Procedure against the judgment and order dated 26. 5. 2000 passed by learned Xth Additional Sessions Judge, Lucknow in Sessions Trial No. 634 of 1996 whereby the appellants have been convicted under section 498-A, 304-B IPC & section 3/4 Dowry Prohibition Act. Ram Kumar has been sentenced to undergo 3 years Rigorous Imprisonment under sec tion 498-A and a fine of Rs. 5, 000/- has also been imposed. He has been awarded life imprisonment under section 304b IPC and two years Rigorous Imprisonment under section 3/4 Dowry Prohibition Act and a fine to Rs. 10, 000/- has also been imposed under section 3/4 Dowry Prohibition Act.
(2.) HEARD Smt. Masnisha Srivastava, Advocate for the appellants, learned AGA and have gone through the record. According to the prosecution Sajeevan Lal P. W. 1 had married his sister with appellant Ram Kumar resident of vil lage Asherkheda, Hamlet of Intgaon, P. S. Kakori, District Lucknow. Harish Chand is elder brother of Ram Kumar. Both these persons seems to demand golden-chain one to in weight. Demand being not satisfied, they used to cause torture to her. They burnt her to death in the night of 15-16 April, 1996. First Information Report of the occurrence was lodged by Sageevan Lal. on 16. 4. 1996 at about 8. 05 A. M. at Police Sta tion Kakori, District Lucknow, which is Ex. ka-1 on which Crime No. 106/1996 was registered under section 498-A and 304-B IPC and, section 3/4 Dowry Prohibition Act. In the post- mortem examination, P. W. 3 Dr. B. K. Baryani found that Jagdei had died due to burn injuries. Ram Kumar was arrested from his house on 17. 4. 1996. His brother Harish Chand surrendered in the Court on 20. 4. 1996. In post-mortem examination the age of Smt. Jagdei was found to be 22 years. Superficial to deep burn injury all over the body except the soles was found. Skin was black and peeled off at different places. The cause of death was due to shock as a result of anti-mortem burn injuries.
(3.) PROSECUTION examined P. W. 1 Sajeevan Lal brother of the deceased, P. W. 2 Smt. Sukhrana mother of the deceased, P. W. 3 Dr. B. K. Baryani who conducted post-mortem examination on the dead body of the victim, P. W. 4 Prakash cousin brother of Smt. Jagdei, P. W. 5 Const. Ram Pal who wrote first information report. Thus, three fact witnesses have been exam ined in support of the contention of the prosecution. They are P. W. 1 Sajeevan Lal, P. W. 2 Smt. Sukhrana and P. W. 4 Prakash. The witnesses have stated that whenever Smt. Jagdei went to the residence of her father she used to make complaint that demand for golden chain was made and it being not satisfied she was humiliated and tortured. The marriage of Smt. Jagdei with Ram Kumar had taken place only 5 years before. It is not denied that her death did take place at the residence of the appel lants. Ram Kumar in statement under sec tion 313 Cr. P. C. stated that he lived sepa rate from his brother. His wife was warm ing milk all of a sudden fire caught hold on her. She suffered injuries and died. If fire would have taken place while Smt. Jagdei was cooking food burn injuries would have taken place on front side rather than on the back side of the body but in this case the whole body was burnt. It was the occur rence of day light and if the fire caught hold of Smt. Jagdei her family members would have run to her rescue. Besides it, no relation would like to detain his relation in jail unless he is really satisfied that daugh ter of his family was subjected to torture and unnatural death did take place inside the house of her husband and family mem bers and this fact becomes confirmed from the statement which were made by a mar ried girl to her father, mother and brother etc. In the instant case these witnesses have stated that whenever Smt. Jagdei went to the residence of her father, she always made complaint that demand for golden chain being not satisfied, she was subjected to cruelty and torture. P. W. 1 Sajeevan Lal the brother of the victim has also stated that appellants were angry with Smt. Jag dei and, therefore, she lived for about four months at his residence. During this period appellants used to visit his residence and he had promised to give golden chain. Due to financial hardships he could not manage golden chain and, therefore, cruelly by the appellants against the victim continued. When witnesses P. W. 1 Ram Sajeevan came to know that his sister Smt. Jagdei was burnt to death, he along with his mother went to the residence of the appellants and found that they were not present at their residence. If a member of a family dies all family members remain present there and they make arrangement for performing last ceremony, even friends and relations are called from different places but in the in stant case when Smt. Jagdei suffered burn injuries, husband and, Jyestha' who are appellants in this case instead of making arrangements for last ceremony of Smt. Jagdei they left the house. This shows their guilty conscience. The continuous living of the victim at her brother's residence for about four months and the visits of the ap pellants to the residence of P. W. 1 Sajeevan Lal and making demand for golden chain shows that mental pressure was created on Smt. Jagdei by the appellants. Sajeevan Lal is relation of the ap pellants. He had married his sister to Ram Kumar. He used to visit to see her. Appel lants used to visit his residence and, there fore, he had personal knowledge as to whether Harish Chand used to live with Ram Kumar or not. Thus, from his state ment it is clear that Harish Chand and Ram Kumar lived jointly and Harish Chand was also interested in getting golden chain.;