Dinesh Kumar Singh, J. - (1.) The present appeal is directed against the judgment and order dated 21.4.2001 passed by learned VII Additional Sessions Judge, Rai Bareli in Sessions Trial No.413 of 1999 arising out of Case Crime No.187 of 1999 under Section 498-A, 304 -B IPC and 3/4 of D.P. Act, Police Station Bachhrawan, District Rai Bareli.
(2.) Vide impugned judgment and order, the accused-appellants were convicted and sentenced under Section 304-B IPC for 10 years rigorous imprisonment and under Section 498-A IPC were convicted and sentenced for one year rigorous imprisonment. They were further convicted and sentenced under Section 4 of D.P. Act for one year rigorous imprisonment with fine of Rs.3000/-to be paid by each accused and in the event of non-payment of fine, one year further rigorous imprisonment.
(3.) The prosecution story in brief is that marriage of the deceased, Suman Devi with appellant no. 1 was performed on 20.5.1997. She received burn injuries on 25.5.1999 and she died on 27.5.1999 in the hospital while receiving treatment for her injuries. After the death of Suman Devi, his brother Ganga Sahai gave a written complaint (Ex.Ka-1) at the Police Station alleging therein that her sister was being subjected to cruelty by the accused persons for not giving them a scooter as dowry item in the marriage and thereafter, they had been demanding scooter and when scooter was not given to the accused persons, all the three accused assaulted her and set her on fire as a result thereof, she died. He further alleged in the complaint that his sister told him about the incident when he visited her in the hospital where she was admitted in the Burn Injury Ward of the hospital. On the basis of the aforesaid complaint, First Information Report (EX-Ka-3) at Case Crime No.187 of 1999 under Sections 498-A, 304-B IPC and 3/4 D.P. Act was registered at Police Station Bachhrawan, District Rai Bareli. After investigation, the Investigating Officer filed the charge sheet against the accused-appellants under the aforesaid sections.;