Shri Kant Tripathi - (1.) THE appellant, Anoop Kumar alias Balram, who is the husband of the deceased, has preferred this appeal against the judgment and order dated 12.3.2003 rendered by Sri Shri Prakash, Additional Sessions Judge, Fast Track Court III, Kanpur Dehat in S.T. No. 183 of 2001, whereby the learned Additional Sessions Judge, has convicted and sentenced the appellant under Section 304B, I.P.C. to undergo rigorous imprisonment of ten years and also to pay a fine of Rs. 10,000 and in default of payment of fine to undergo further rigorous imprisonment of one year. He has further convicted and sentenced the appellant under Section 498A, I.P.C. to undergo rigorous imprisonment of three years and also to pay a fine of Rs. 5,000 and in default of payment of fine to undergo a further rigorous imprisonment of six months.
(2.) THE relevant facts are that the deceased Anju was the wife of the appellant. THEir marriage took place on 27.1.1999. It is alleged that the appellant and his family members used to do maltreatment to the deceased for dowry. It is also alleged that the appellant demanded money for purchasing a plot, which the complainant, who is the father of the deceased, could not fulfil, consequently on 27.12.2000, in the early morning, the appellant and his family members killed the deceased by putting her on fire after sprinkling kerosene. THE complainant was informed regarding the incident on phone at about 8 p.m. He immediately went to the house of the appellant and found that the deceased had died. THE complainant lodged the F.I.R. Ex. Ka-1 at the police station concerned on 28.12.2000 at about 18.30 hours, on which basis the police registered the case and proceeded to make investigation. The inquest report of the dead body of the deceased was prepared in the supervision of P.W. 3 Jiya Lal Saroj, Tahsildar, Derapur, Kanpur Dehat and the dead body of the deceased was sent in the sealed condition for post-mortem examination to the concerned hospital. The dead body of the deceased was subjected to the post-mortem examination on 29.12.2000 at about 2 p.m. The doctor, who did the post-mortem examination, found superficial to deep burn ante-mortem injuries all over the body of the deceased, except both soles. Smell of kerosene was also noticed by the doctor. According to him, the cause of death of the deceased was shock as a result of ante-mortem burn injuries. P.W. 6 Ruchita Chaudhary, the Circle Officer, Derapur, Kanpur Dehat, investigated the case and after completing the investigation submitted charge-sheet against the appellant under Sections 498A and 304B, I.P.C. in the concerned Court. After committal of the case to the Court of Sessions, the trial was transferred to the Additional Sessions Judge, Fast Track Court 3, Kanpur Dehat for trial, who framed the charges under Sections 498A and 304B, I.P.C. against the appellant Anoop Kumar alias Balram.
(3.) THE appellant denied the charges and claimed to be tried. The prosecution has examined as many as six witnesses in support of its case. P.W. 1 Om Prakash is the father of the deceased and is also the complainant. He has supported the prosecution story regarding the demand of dowry and harassment to the deceased during her life time. He has further proved that the deceased died due to burn injuries in the house of the appellant.;