Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Mukhtar Alam alongwith Sri Shahab Uddin, for the appellant and A.G.A, for State of U.P.

2. This appeal has been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 3, Mau, dated 4.10.2013, in S.T. No. 157 of 2008, State of U.P. v. Jai Prakash Dubey and others (arising out of Case Crime No. 259 of 2008, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Haldharpur, district Mau), sentencing the appellant for ten years imprisonment under Section 304-B IPC and three years imprisonment with fine of Rs. 10000/- under Section 498-A IPC, with default stipulation.

3. On the complaint of Raj Kumar Dubey (PW-1) (the brother of the deceased), HM Brindavan Mishra (PW-7) registered an FIR of Case Crime No. 259 of 2008, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961, at P.S. Haldharpur, district Mau on 25.3.2008 at 9.30 hours, against Jai Prakash Dubey (husband), Hansh Nath Dubey (father-in-law) and Smt. Parwati (mother-in-law), Manju (nanad), Reena (nanad), Vandana (nanad) and Prem Pandey (maternal father-in-law) of the deceased Suryakala @ Kanchan. It has been stated in the FIR that his younger sister Suryakala @ Kanchan was married to Jai Prakash Dubey, on 27.6.2004, according to Hindu rites. After some time of marriage, Jai Prakash Dubey (husband), Hansh Nath Dubey (father-in-law) and Smt. Parwati (mother-in-law), Manju (nanad), Reena (nanad), Vandana (nanad) and Prem Pandey (maternal father-in-law) jointly began to demand Rs. 50000/- cash, motorcycle and colour television as dowry. His sister used to inform him about aforementioned demand on mobile phone as well as on coming to his house time to time and also used to say that the accused were threatening to kill her on non-fulfillment of their demand. Thereafter, they tried to pacify them several times but they had killed his sister. They came to know about this incident on telephone, then came to the house of the accused on 25.3.2008 and found that dead body of Suryakala @ Kanchan was kept in the hut.

4. Inquest of the deceased was conducted by Kanhaiya Lal, Tahsildar (PW-5) on 25.3.2008 between 11.00 to 12.30 hours alongwith SI Brajesh Singh (PW-6). Post mortem was conducted by Dr. Yusuf Ansari (PW-4) alongwith Dr. R.R. Chauhan on 25.3.2008 at 15.45 hours. In post mortem report (Ex-Ka-2) cause of death was mentioned as “suspected poisoning” and duration about 12 to 24 hours. Viscera was preserved. In Viscera report (Ex-Ka-16) ‘aluminium phosphide’ poison was found. On the clothes of Suryakala @ Kanchan also ‘aluminium phosphide’ poison was found vide report dated 12.6.2008 (Ex-Ka-17). Vidya Sagar Mishra, Circle Officer of Police (PW-4), started investigation. He inspected the spot on 25.3.2008 and prepared site plan (Ex-Ka-3). He arrested the accused Hansh Nath, Parwati, Manju Devi on 26.3.2008 and recorded their statements. He arrested Jai Prakash on 31.3.2008 and recorded his statement. After investigation, he submitted charge-sheet No. 40 of 2008 (Ex-Ka-4) against Jai Prakash, Hansh Nath, Parwati, Manju and charge-sheet No. 40-A of 2008 (Ex-Ka-5) against Vandana and Reena, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, 1961. On committal, S.T. No. 157 of 2008 was registered against Jai Prakash Dubey and others and S.T. No. 125 of 2009 was registered against Reena and Vandana. Both the cases were consolidated and tried together. Additional Sessions Judge framed charges on 5.12.2009.The accused denied charges and claimed trial.

5. Prosecution examined Raj Kumar Dubey (PW-1), the first informant and brother of the deceased, Smt. Sharda Devi (PW-2), mother of the deceased, Dr. Yusuf Ansari (PW-3), who conducted autopsy of the deceased, Vidya Sagar Mishra (PW-4), Investigating Officer, Kanhaiya Lal (PW-5), who conducted inquest of the deceased, SI Brijesh Singh (PW-6) and Brindavan Mishra (PW-7), to prove check