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IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
SATYENDRA SINGH CHAUHAN, ANIL KUMAR SRIVASTAVA-II, JJ.
SMT. RAMA DEVI — Appellant
Vs.
STATE OF U.P. — Respondent
Criminal Appeal Nos. 1438 and 1439 of 2010
Decided on : 07-10-2017
Dowry Prohibition Act - Conviction under section 302 IPC - [FACT OF THE CASE] Both accused were convicted and sentenced under section 302 IPC for life imprisonment and fine of Rs. 10,000/- each with default stipulation of one year's simple imprisonment. Both the accused were acquitted of the charges under sections 498A, 304B IPC and 3/4 Dowry Prohibition Act. [FINDING OF THE COURT] The court found that the death was not the result of cruelty just before the death with regard to demand of dowry. The court placed reliance upon the dying declaration of the deceased and rejected the plea of alibi as taken by the accused appellant. [ISSUES] The issues revolved around the demand of dowry, cruelty or harassment, and the cause of death. [RATIO DECIDENDI] The court relied on the dying declaration of the deceased as the sole basis for conviction and considered the timing and circumstances of the incident in determining the appropriate section of the IPC. [FINAL DECISION] The conviction under section 302 IPC was altered into section 304 Part II IPC, and the accused appellants were sentenced for five years' rigorous imprisonment and a fine of Rs. 20,000/- each.
Anil Kumar Srivastava-II, J.
Heard Shri Maneesh Kumar Singh, learned counsel for the appellants, Shri Jyotinjay Verma, learned AGA and perused the record.
2. Both these appeals have arisen from the impugned judgment and order dated 12.4.2010 passed by the learned Sessions Judge, Raebareli in Sessions Trial No. 281 of 2006 arising out of case crime No. 15 of 2006 under sections 498A, 304 B IPC and section 3/4 Dowry Prohibition Act, Police station Mohanganj, District Raebareli, whereby the accused Devendra Kumar Misra and Smt. Rama Devi alias Ramakanti were convicted and sentenced under section 302 IPC for life imprisonment and fine of Rs. 10,000/- each with default stipulation of one year's simple imprisonment. Both the accused were acquitted of the charges under sections 498A, 304B IPC and 3/4 Dowry Prohibition Act.
3. According to the prosecution version, complainant Ghanshyam Awasthi lodged a first information report on 9.3.2006 at police station Mohanganj, District Raebareli stating that her daughter Pooja was married to accused Devendra Kumar Misra in the month of February, 2005. On 8.3.2006 at about 4.00 p.m., Devendra Kumar Misra, the husband of deceased Pooja, Gudana (Nanad), Rama wife of Ganesh Shanker (Jedhani) caught hold of Pooja and poured kerosene oil upon her and put her to fire. Her daughter Pooja was eight months' pregnant. Just after the marriage continuously demands of fridge, colour T.V. and Rs. 50,000/- cash were being made, but the complainant was not in financial condition to fulfil the demand. Case Crime No. 15 of 2006 under sections 498A, 326 IPC and section 3/4 Dowry Prohibition Act was registered at police station Mohanganj, District Raebareli.
4. Investigation was handed over to S.I. Kalpnath Yadav. Victim was admitted to District Hospital, Raebareli wherein her dying declaration was recorded by Naib Tehsildar on 8.3.2006 at 10.42 p.m. after obtaining fitness certificate from the concerned doctor wherein she has specifically stated that her husband and Jedhani (accused) have put her to fire by pouring kerosene oil upon her. She was admitted to hospital by her father. During treatment, deceased succumbed to her burn injuries on 23.3.2006. Inquest proceedings were conducted. Postmortem of the deadbody was done by P.W.3 Dr. Arvind Kumar Srivastava whereupon cause of death was septicaemia. Male fetus was also found in the womb of the deceased. After completing investigation, charge-sheet was submitted against the accused appellants.
5. Accused were initially charged on 30.10.2006 under sections 304B, 498A IPC and section 3/4 Dowry Prohibition Act. Subsequently, charge was altered under section 302 IPC on 29.8.2009. Opportunity of cross examination of witnesses was again given to the accused.
6. Prosecution has produced PW 1 Ghanshyam Awasthi, father of the deceased and complainant, P.W.2 Pankaj Kumar Awasthi, brother of the deceased, P.W.3 Dr. Arvind Kumar Srivastava who has conducted postmortem of the deceased along with Dr. Birbal. According to the opinion of the doctor, death of the deceased was caused as a result of septicemia due to ante-mortem burn injuries. Male fetus which was found in the womb of the deceased, had also died due to burn injuries, P.W.4 Head Constable Prem Narain Misra formal witness, P.W.5 Ashthambhuja Prasad Singh, Deputy Superintendent of Police, investigating officer, P.W.6 Kalpanath Yadav investigating officer of the case under sections 498A and 326 IPC, P.W.7 Deputy Superintendent of Police Sanjay Kumar, investigating officer, P.W.8 Amit Tripathi who has conducted the inquest proceeding and P.W.9 Piyush Kumar Srivastava, Naib Tehsildar who had recorded the dying declaration.
7. In the statement under section 313 Cr.PC, accused Devendra Kumar Misra has stated that he was not present at his house on the date of incident. When he came back in the evening, he came to know that Pooja herself has put her to fire. His brother Ganesh Shanker had taken her to Simhans Hospital. Acc
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