The prosecution must prove all essential elements of the offence, including the connection between cruelty and dowry demand, and the timing of the alleged incidents, to establish the guilt of the accused.

Mrs. Ranjana Pandya, J. –

Challenge in this appeal is to the judgment and order dated 30.9.1992 passed by Additional Sessions Judge, Unnao in S.T. No. 80/1990 (State v. Rama Shanker and Others), under Sections 498-A and 304-B I.P.C., Police Station-Kotwali, District-Unnao, whereby the accused Rama Shanker alias Ram Shanker, Mahaveer and Smt. Vidyawati were found guilty under Sections 498-A and 304-B I.P.C. and were sentenced to 3 years' rigorous imprisonment under Section 498-A I.P.C. and 10 years' rigorous imprisonment under Section 304-B I.P.C., however accused Ram Prasad was acquitted.

2. Filtering out unnecessary details, the prosecution story in brief is that a written report was lodged by Rajendra Prasad, father of the deceased stating that his daughter was married on 13.6.1987 to Rama Shanker. Sufficient dowry was given in marriage. But when the deceased came to her parental house for the first time, her husband demanded a motorcycle. When the informant said that he was financially weak, then they started demanding T.V. Due to this reason, dispute took place between both the families. On 20.5.1989 the brother of the deceased went to the matrimonial house of the deceased, at which a demand for rupees 10-15 thousand was made from him to enable the accused Rama Shanker to do business. This demand was made by the mother-in-law of the deceased. This demand could also not be fulfilled by the informant, due to which on 30.5.1989 some dispute took place due to which all the accused conspired and burnt the deceased to death as such a written report was lodged.

3. On the basis of this written report P.W. 5 Ram Dev Mishra, Head Constable scribed the chik report, which was proved by him as Exhibit Ka-5. Further this witness scribed the G.D., which was proved by him as Exhibit Ka-6. P.W. 6 is Chhedan Lal Kannaujia, who scribed the G.D. regarding the death of the deceased on 31.5.1989 at 11: 11 a.m. The inquest report was prepared coupled with the photo dead body, challan dead body, letter to the C.M.O. concerned, letter to the R.I., which were proved by this witness as Exhibit Ka-7 to Ka-11. Dead body was sealed and sent for autopsy through Constable Sri Ram and Rajneesh. One stove was taken into possession from the place of incident. Its memo was prepared and proved by this witness as Exhibit Ka-12.

4. C.O. Adileshwar Mishra conducted the investigation. He recorded the statements of the witnesses and inspected the spot. He proved the site plan as Exhibit Ka-13. Investigation ended into a charge-sheet, which was proved by this witness as Exhibit Ka-14. Autopsy on the body was done by Dr. V.K. Nigam, P.W. 3. He found the following ante mortem injuries on the body of the deceased : -

(i) Multiple contusions over right upper arm and forearm on lateral side;

(ii) 1-3 degree burnt present on whole of front of face, neck, front of chest, abdomen, both upper and lower extremities, except sole. Line of redness present over margins of burnt parts. Blisters present on the body containing fluids which are on most part of body.

On internal examination the uterus was found gravid bearing a male dead child measuring 18 cms. Long. Peritoneum, trachea, larynx and pleural membranes were found congested. Lungs and spleen were also found congested. Cause of death as opined by the Doctor was extensive antimortem burn injuries causing shock. This witness proved the postmortem report as Exhibit Ka-2.

5. Besides these witnesses, the prosecution also proceeded to examine the informant P.W. 1 Rajendra Prasad, who proved the written report as Exhibit Ka-1 and brother of the deceased namely Shyam Bihari P.W. 2.

6. After the prosecution evidence was closed, the statement of the accused was recorded under Section 313 Cr.P.C., who denied the occurrence. The father-in-law and mother-in-law stated that they were living separately from the deceased. The accused Rama Shanker has stated that he was married to the deceased 7-8 years prior to the incident. He has furthe