(Delivered by Court)

The instant appeal filed under section 374(1) Cr.P.C. on behalf of the appellants, is directed against the judgment and orders dated 5th February, 2010 passed by Sri Bhudev Gautam, Additional Sessions Judge, Fast Track Court No.5, Bareilly in S.T. No.94 of 2009 (State vs. Anuj Kumar and others), whereby all the four appellants have been convicted under sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- failing which to further undergo imprisonment of one year. Appellant no.2 Ashutosh Kumar @ Ashu has also convicted under section 27 Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/- failing which to further undergo imprisonment of six months. Appellant no.3 Rakesh Kumar has been convicted under section 30 Arms Act and sentenced to undergo rigorous imprisonment of six months, sentences of appellant nos. 2 and 3 have been directed to run concurrently.

Heard Sri Dharmendra Dhar Dubey, learned counsel for the appellants, Sri A.N. Mulla, learned Additional Government Advocate for the State and perused the paperbook.

The facts giving rise to the present appeal may be summarized as under:-

That on 29th June, 2008, at 10.00 a.m. Radhey Shyam gave a written report at Police Station Bhuta, District Bareilly, stating therein that he had married his daughter Pooja with Anuj Kumar on 29th April, 2007. He gave usual dowry in the marriage but the accused persons were not satisfied with that. They were demanding Rs.1,00,000/- more and also torturing the deceased. In spite of his entreaties, they continued to abuse and torture his daughter. On 28th June, 2008, his daughter telephonically requested Radhey Shyam either to pay the amount or take her back to his house. She was apprehensive for her life. At that time, his son Vijay was there who had gone to take Pooja back. On that day at 8.00 p.m. they had abused and beaten Pooja and Ashutosh Kumar @ Ashu had shot his daughter with his father's gun. Her dead body was in her sasural. Suitable action be taken against the accused persons.

At this check F.I.R. was scribed, Case Crime No.326 of 2008 under sections 304B, 323 IPC and 3, 4 Dowry Prohibition Act was registered at Police Station Bhuta and investigation was entrusted to the Circle Officer Faridpur. The Deputy Superintendent Harchand Singh, the then C.O., Faridpur, took the investigation into his hand and after investigation submitted the chargesheet against all the four accused persons.

The appellants stood for trial before the Court of Session where they were jointly charged under sections 498-A, 304-B/34, (in the alternative 302/34), 323/34 IPC and 3, 4 Dowry Prohibition Act. The appellant no.2 Ashutosh Kumar @ Ashu was also charged under section 25/27 Arms Act and the appellant no.3 Rakesh Kumar was also charged under section 30 Arms Act separately. All the accused persons denied the charges and claimed to be tried. In order to prove the charges, on behalf of the prosecution, documentary as well as oral evidence was adduced. Documentary evidence will be discussed alongwith the oral evidence. Summary of depositions of the prosecution witnesses is as under:-

Vijay Kumar, P.W.-1 He is the son of the first informant and brother of the deceased. He has not supported the prosecution version and was declared hostile.

Radhey Shyam, P.W.-2 is the first informant and father of the deceased. According to him, there was no demand of dowry. His daughter was treated well in her sasural. On 28th June, 2008, he came to know that his daughter sustained gun shot injuries in her sasural in the night and died. He alongwith Vijay and other relatives reached her sasural. Police was present there. Police dictated a report to his relative and it was signed by him. At that time, he was sad and in a state of shock. The witness has proved his signature on the written report Exhibit Ka-1 but he did not substantiate the facts narrated in the