RAKESH KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants against the judgment and order dated 22.1.2004 passed by Additional Session Judge/ Fast Track Court No.4, District Varanasi in S.T No.108 of 2003, State Vs. Rakesh Gupta and others, under section 498-A I.P.C, Police Station Shivpur, District Varanasi, whereby accused/appellants Rakesh Kumar Gupta, Ramesh Prasad and Leelawati alias Leela have been convicted under section 498-A I.P.C for two year rigorous imprisonment and a fine of Rs.5,000/- each and in default of payment of fine they have been directed to undergo three months additional imprisonment.

(2.) The prosecution case, in brief, is that the deceased Soni Gupta was married to accused/appellant Rakesh Kumar Gupta on 28.4.1999. The accused/ appellant Lilawati Gupta is mother-in-law of the deceased and accused/ appellant Ramesh Gupta is father-in-law of the deceased. They used to harass the deceased for want of dowry just after her marriage. The accused/appellants got allotted a flat No. L-69, Chandmari,Varanasi from Development Authority and were residing therein. They were also doing chemical business from that flat.They had to pay Rs.two lacs to Development Authority, Varanasi as dues of the aforesaid flat and they used to ask the deceased Soni Gupta to bring Rs. two lacs from her parents. They also threatened to kill her for none-fulfillment of the said amount. The deceased used to inform to her father Shivjii Gupta (PW-1) the factum of cruelty and harassment caused to her by the accused/appellants. On 5.8.2002 at 7.30 p.m. Shivji Gupta (P.W-1) was informed by some person that the deceased was killed by accused/appellants by setting ablaze and they were also in the process of disposal of the dead body of the deceased. On the said information Shivji Gupta( P.W-1) alogwith other family members of his family rushed to the place of occurrence and found that the deceased had been taken away to Kabir Chaura Hospital. They reached at the aforesaid hospital and saw that deceased had died due to burn injury and the accused/appellants had escaped from there. Shivji Gupta (P.W-1) went to police station Shivpur, District Varanasi and filed First Information Report (Ext-ka-1) whereupon a case crime No.219 of 2002, under sections 498-A,304-B I.P.C and 3/4 D.P.Act (Ext-ka-5) was registered against the accused/appellants and investigation was handed over to Dy S.P. Sri Awadhesh Kumar Rai (PW-4) Meanwhile on 6.8.2002 S.I. Gopal Singh (PW-6) inspected the dead body of deceased and prepared the inquest report (Ext.Ka-7) in the supervision of Sri M.P. Singh, A.C.M-II, Varanasi and sealed the dead body and handed over to constable Ganesh Rai with relevant papers Ext-ka-8 to Ext.ka-12 for postmortem examination. Meanwhile S.I.Govind Prasad Singh (PW-7) inspected the place of occurrence and took in his custody Gallon of kerosene oil, one match box, four bungles, golden chain, two ear tops, one bichhiya, two silver payals and diary of year 1994 and prepared seizure memo (Ext-ka-13) in presence of constable Kripashankar Mishra, Sakir Khan (D.W.2) and S.I. Anoop Kumar.

(3.) PW-3 Dr. Ajeet Kumar along with Dr. S.N. Dixit conducted the postmortem of the body of deceased and prepared postmortem report (Ext.ka-2) at 3.30 p.m on 6.8.2002. According to him the deceased had died on 5.8.2002 at 8.25 p.m. Burn injuries were found on the whole body of deceased except head and sole and the deceased had died due to the said anti-mortem injuries. S.I Awadhesh Kumar Rai (PW-4) inspected the place of occurrence, prepared site plan (Ext.ka-3), recorded the statement of the witnesses as well as accused persons, inspected the relevant papers and filed charge sheet (Ext-ka-4) in the Court of Magistrate, under sections 498-A,304-B I.P.C and ? D.P. Act. The learned Magistrate committed the case to Sessions Judge, Varanasi for trial after complying the mandatory provision as required under section . Learned Session Judge after hearing the parties, framed the charge u/s 498-A and 304-B I.P.C and section 4 Dowry of Prohibition Act against the appellants which they pleaded not guilty and claimed to be tried.