R.K.Rastogi, J. - (1.) THIS is an appeal against the judgment and order dated 14.11.2002, passed by Sri Sagwa Singh then learned Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Hamirpur in Sessions Trial No. 246 of 1992, State v. Ram Vishal Singh and others, whereby he acquitted the accused respondents of the charges under Sections 498A and 304B, I.P.C. in Case Crime No. 114 of 1991, Police Station Khanna, District Hamirpur.
(2.) THE facts relevant for disposal of this appeal are that on 8.7.1991 at 9 a.m. Smt. Sunita wife of Guman Singh aged about 20 years resident of Akbai, Police Station, Khanna, District Hamirpur was admitted in the District Hospital, Banda as a case of burn injuries. She had burn injuries upon her face, neck, chest, back and arms. She was medically examined and as per medical examination report, she was in her senses. Her pulse rate was 68 per minute and her blood pressure was 100/60. Hair of her head were burnt. THEre was swelling on her face and there was smell of kerosene oil. THE doctor who was on the emergency duty gave information to the police and also sent requisition to the S.D.M. at 9.25 a.m. for recording her dying declaration, and under orders of the authorities concerned, the Naib Tehsildar reached the hospital and after obtaining a certificate from the doctor that she was in a position to give her statement, started to record her statement at 10.40 a.m. She stated in that statement that on the above date at about 8 a.m. she was cooking food for the family members. She was wearing a terricot Sari. She lighted the stove. THEn a flame came out from the stove suddenly and her Sari caught fire. THEn she tried to extinguish the fire and shouted for help. THEn her mother-in-law reached there. Her husband was playing cards outside the house. He also reached there and rescued her. Her younger sister-in-law Somkali also reached there. She further stated that she had, in this way ; accidentally caught fire and none had burnt her, and all the members in the family were residing in the house in a congenial atmosphere and no quarrel had taken place with any one. She further stated that she had no issue and that the name of her father-in-law was Ram Vishal. This statement was completed by 10.45 a.m. Smt. Sunita died the same day at 5.15 p.m. THEreafter her postmortem was performed on 9.7.1991 and in the opinion of the doctors performing the postmortem, her death was caused due to shock as a result of ante-mortem burns. On the same date, that is, 9.7.91 Sri Pratap Singh, father of Sunita lodged the report at Police Station Khanna against the accused respondents with these allegations that the marriage of his daughter Sunita had taken place with the accused Guman Singh alias Kallu son of Ram Vishal Singh about four years ago, and ten days after marriage when he went to her in-laws' house at Akbai for her vidai, her husband Guman Singh alias Kallu, father-in-law Ram Vishal Singh, mother-in-law Shyam Bai alias Simiya complained about insufficiency of dowry and demanded Rs. 25,000. Pratap Singh returned back to his house alongwith his daughter and communicated the above demand of money to his father Kallu Singh. Then Kallu Singh went to his in-laws' house and told them that he was not in a position to give the above amount but they pressed that demand and threatened that if the amount is not given Sunita would have to suffer the consequences. However, Pratap Singh could not meet this demand. Consequently the accused started to beat Sunita and this mar pit continued for a period of about four years. On 6.7.91, Guman Singh came to his house and told Kallu Singh that he had purchased a tractor and had to pay Rs. 25,000 towards its price and so the amount of Rs. 25,000 should be given to him. Kallu Singh expressed his inability to meet this demand. Then Guman Singh became angry and threatened that he would see as to how Sunita resides at his residence. Then Kallu Singh asked Pratap Singh to go to the house of Guman Singh for taking back Sunita but they did not send Sunita with him and Pratap Singh had to stay there for two days. During this period the accused continued to beat her. They also misbehaved with Pratap Singh. On 8.7.91 Pratap Singh got up at 4 a.m. and went to ease himself. He returned back at about 5 a.m. and again made a request to Guman Singh and to his father and mother to send Sunita with him, but they abused him and started to beat Sunita, and when he asked them not to beat her, they slapped him four to five times. Thereafter Ram Autar Singh, elder brother of Guman Singh and Ram Bahadur Singh younger brother of Guman Singh caught hold of Pratap Singh and they pointed their licensed gun of twelve bore upon his chest. Guman Singh and his mother Shyam Bai alias Simiya were beating Sunita at that time. Ram Vishal Singh asked them to burn Sunita. Then Shyam Bai went inside the kitchen and came out with a can of 10 litres having kerosene oil in it and she poured kerosene oil upon the head of Sunita and then Guman Singh took out a match box from his pocket and ignited the match stick and threw it upon Sunita. Consequently, she was burnt. Then she was taken to the District Hospital, Banda where she died. Therefore, he prayed that suitable action should be taken in this matter. On the basis of this report, the police registered a case under Sections 304B and 323, I.P.C. against the above named five accused persons and after completion of investigation submitted a charge-sheet against them. All the accused were charged by the learned Additional Sessions Judge under Sections 498A/149 and 304B/149, I.P.C. The accused pleaded not guilty and claimed trial.
(3.) THE prosecution produced Pratap Singh as P.W. 1. He narrated the entire F.I.R. case on oath. He also proved the F.I.R. as Ext. Ka-1. He also filed a letter alleged to have been written by Sunita to him and the envelope in which this letter was sent. THE envelope has been marked as Ext. 1 and the letter has been marked as Ext. 2. He has stated that he had given a copy of this letter to the C.O. who was investigating the case. Baldeo was examined as P.W. 2. He has stated that he resides at the village Akbai and he is acquainted with the accused persons. He further stated that about four years ago at about 5 a.m. Pratap Singh had told him that the marriage of his daughter had taken place with Guman Singh, and that he had come to that village for vidai of his daughter Sunita about two days ago but the accused were not sending her with him and were demanding Rs. 25,000 and were committing atrocities upon Sunita. He further stated that thereafter Pratap Singh went to the house of the accused Ram Vishal Singh and after lapse of some time, he had heard cries from that house. Then he immediately went to that place. Some other persons had also reached there. There was smoke coming out of the second storey of the house, and on the ground floor Ram Autar was pointing the licensed gun of Ram Vishal towards Pratap Singh on his chest and he was pulling Pratap Singh inside the aangan of the house. Pratap Singh was weeping and was crying for help. He further, saw that Sunita was burning inside the house and she was trying to extinguish the fire from her own hands. The villagers were saying that she is alive and so she should be taken to Banda for treatment. Thereafter, Sunita was taken to the ground floor. She had lost her senses and was not speaking. Then Ram Vishal expressed his joy. In the meantime, Pratap Singh got an opportunity to run away. Ram Vishal etc., called the tractor and took Sunita on that tractor to Banda. Thereafter, he came back to his house.;