Hon’ble Anil Kumar Sharma, J.—Challenge in this appeal is to the judgment and order dated 21.4.2001 passed by Sri Raj Kumar, the then Additional Sessions Judge, Court No. 1, Jaunpur in S. T. No. 214 of 1998 State of U.P. v. Muunu Seth and others, under Section 498-A, 304-B IPC and ¾ Dowry Prohibition Act, whereby each appellant had been convicted and sentenced to 10-years’ R. I. under Section 304-B and 3-years’ R. I. under Section 498-A IPC with fine of Rs. 1000/- each. They have been further found guilty for the offence punishable under Section 3/4 Dowry Prohibition Act and sentenced to under go rigorous imprisonment for six months.

2. The Chief Judicial Magistrate, Jaunpur has reported vide report dated 3.5.2013 that accused Munnu Seth had died on 3.10.2007. He has appended the copy of police report and death certificate as also copies of statements of police sub-inspector, Member, Nagar-Palika Parishad and son of the deceased, therefore, appeal of appellant No. 1 Munnu Seth stands abated.

3. Facts germane to the appeal are that on 8.1.1998 at 00.30 hrs complainant Mata Prasad Seth s/o Tulu Seth r/o Mohalla Keet Ganj, Allahabad submitted a written report in P.S. Kotwali, Jaunpur stating that he had married his daughter Sunita with Rajesh Kumar @ Pappu about 6 months back on 13.7.1997 and since marriage Rajesh Kumar, his father Munnu Seth, brothers Rakesh, Sanjay and Raju, sister Gudiya demanded fridge and Rs. 20,000/-. He had shown his inability to meet their demand and after much persuasion his daughter was taken by them in vida. On her return after a week, she cryingly told that her in-laws including the mother-in-law tortured and harassed her for not giving Rs. 20,000/- and fridge in dowry. On 28.11.1997 her Gauna (second marriage) was performed. It is further alleged that on 7.1.1998 through a relative they got information that his daughter had been killed by her father-in-law Munnu Seth, husband Rajesh Kumar, mother-in-law Anarkali, brothers-in-law Rakesh, Sanjay, Raju and sister-in-law Gudiya by setting her ablaze. On getting this information, they went to Jaunpur and found the dead body of his daughter in burnt condition in the house of the accused. Earlier on 7.1.1998 at 6.20 p.m. the husband of the deceased informed the police that his wife (Sunita) had died due to burn injuries while she was preparing tea. Inquest on the cadaver of the deceased was conducted on 8.1.1998 at 10.30 p.m. in the house of the accused persons and thereafter it was sent for autopsy. A team of doctors led by Dr. S. P. Awasthi conducted post-mortem examination of the deceased the same day at 4.00 p. m. The doctors found that the 20-years’ old deceased was having thin built body. Rigor mortis was present in both the extremities and there was no decomposition. They found following ante-mortem injury on the person of the deceased:

“Superficial burns 1-2 degrees all over both except feet and lower part of leg. (About 90%). Scalp hair burnt. Smell of kerosene oil present. Skin peeled of at places. Line of redness present around some wound.”

Mouth open. Tongue slightly protruding.

In internal examination the doctors found that brain, its membranes, trachea, both lungs, spleen and kidneys were congested. Black soothing particles were found in larynx and trachea. The stomach was empty and both the intestines contained gases and fecal matter. The uterus was non-gravid. In the opinion of the doctor the deceased suffered death about a day before due to shock and asphyxia as a result of ante-mortem burns.

4. After registration of the case, scene of incident was inspected by the police on 8.1.1998. An iron sandasi, an iron stove filled with kerosene, a steel bhagauna containing some water for preparation of tea were seized through memo. During inquest the jewelery worn by the deceased, namely - a pair of used silver payal, a gold nose pin, a pair of gold jhumka and 4 siliver bichiya were taken out and given in the supurdgi of Smt. Anarkali (mothe