The main legal point established in the judgment is the interpretation of the appellant's conduct and the dying-declaration to determine the appropriate conviction under the IPC.

JUDGMENT :

Ramesh Sinha, J.

The appellant being aggrieved by the judgement and order dated 20.9.2014 passed by the Addl. Sessions Judge, Court No.2, Azamgarh passed in S.T. No.535 of 2012 State Vs. Vinay Kumar Pandey, district Azamgarh has preferred the present appeal by which the trial court has convicted and sentenced him under Section 302 IPC for imprisonment of life and further fine of Rs.10,000/- and in default of payment of fine, he has been ordered to undergo three months additional imprisonment.

2. The informant Jagdish Prasad Pandey submitted a written report on 8.7.2012 to the Station Officer of Police Station Ahraula, district Azamgarh for lodging a FIR against the accused Vinay Kumar Pandey (husband of the deceased), Sriram Pandey (father-in-law), Smt. Gayatri w/o Sriram Pandey (mother-in-law), Muniya, d/o Sriram Pandey (Nanad), Dileep Kumar S/o Sriram Pandey (devar of the deceased), elder brother-in-law of Vinay Kumar Pandey narrating that the informant had married his daughter Amrawati Devi according to Hindu rites and traditions five years ago to Vinay Kumar Pandey and he has given dowry in the marriage according to his means. After the marriage, the in-laws of the deceased namely Sriram Pandey, mother-in-law Smt. Gayatri, husband Vinay Kumar Pandey, Nanad Muniya, Devar Dileep Kumar and elder brother-in-law of Vinay Kumar Pandey namely Gaya Prasad used to cruel treat the deceased for want of dowry. When the informant visited the house of the in-laws of his daugher, she told him about the said harassment and torture made to her by her in-laws on which he pacified his daughter that every thing would be fine but after some days when the harassment and torture increased then informant brought his daughter to his house. After lapse of some days due to intervention of relatives, he sent his daughter to the in-laws house but after one or two days again her in-laws started harassing her. On 1.7.2012 at about 11 in the night he received an information from an unknown call that his daughter has been burnt to death by pouring kerosene oil for want of dowry by the aforesaid accused persons. On receiving the said information on phone, the informant along with his son Sachchidanand, wife Asha Devi and father Ram Keerat and also some persons of his village rushed immediately on a vehicle at her in-laws house then he was informed by the villagers that his daughter has been burnt and has been taken to the Azamgarh in a critical condition. Thereafter the informant along with other persons rushed to Azamgarh by vehicle and came to know that his daughter has been admitted in Vidya Hospital, Sidhari. When they reached the said hospital, they did not find any person of the family of his daughter's in-laws. The informant was getting her daughter Amrawati medically treated and when her condition deteriorated then on 6.7.2012 in the evening she was referred to Sadar Hospital, Azamgarh by the doctor. On reaching the gate of Sadar Hospital, his daughter Amrawati succumbed to her injuries. He gave information about the incident at Sadar Kotwali, Azamgarh where after the inquest procedings, post-mortem was conducted on the body of the deceased. After the post-mortem, the dead-body of the deceased was handed over to him. Thereafter he performed her last rites. After committing the said incident, none of the family member of Vinay Kumar Pandey had come to see his daughter. The daughter of the informant was burnt to death due to want of dowry, he gave the said written report to the concerned police station for taking necessary action. As per postmortem report following injuries were found on the body of the deceased:-

"About 55-60% burn injuries on the both lower extremities except lower part of both leg and foot and lower 2/3rd both of trunk, most of the part of abdomen both breast and lower 2/3rd of left upper extremities pealing of skin present all over the burnt area and wound woos white, pus present at places, singeing of hairs present.

As per