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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH, LUCKNOW)
RAMESH SINHA, SAROJ YADAV, JJ.
Sanjay Singh – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No.1387 of 2013
Decided on : 07-07-2022
Indian Penal Code, 1860 – Section 498-A, 323, 504, 302, 304 – Dowry Prohibition Act, 1961 – Section 3, 4 – Criminal Appeal – Offence of murder – Causing death by negligence – Punishment for voluntarily causing hurt – Husband or relative of husband of a woman subjecting her to cruelty – Criminal Appeal has been filed by appellant against judgment and order passed by Special Judge (E.C.) Act/ Additional Sessions Judge, Court No.4, Rae Bareli in Sessions Trial arising out of Crime No.31 of 2007 under Section 498-A, 323, 504 and 302 of Indian Penal Code, 1860 and Section ¾ of Dowry Prohibition Act – Whereby convict/appellant has been held guilty and sentenced under Section 498A, 302 of I.P.C. and Section 4 of D.P. Act, Police Station, District – Held, Learned counsel for convict/appellant very vehemently argued that deceased was not treated medically well, therefore she died, as she was not so badly burnt as to die – So offence can travel only upto offence punishable under Section 304 of I.P.C. instead of Section 302 of I.P.C – This argument of defence counsel is also of no value – Medical-examination report, Exhibit Ka-4 where deceased was first examined in a burnt condition, it has been noted that superficial to deep burn was found on body and she was found 55 to 65 percent burnt and referred to District Hospital for treatment – In Exhibit Ka-2 which is 'bed-head-ticket' of deceased issued District Hospital Rae Bareli it has been noted that 55 to 65 percent burn injuries were present on body of victim – Appeal dismissed.
JUDGMENT :
Saroj Yadav, J.
1. This Criminal Appeal has been filed by the appellant against the judgment and order dated 13/14.08.2013 passed by Special Judge (E.C.) Act/ Additional Sessions Judge, Court No.4, Rae Bareli in Sessions Trial No.116 of 2007 (State Vs. Sanjay Singh) arising out of Crime No.31 of 2007 under Section 498-A, 323, 504 and 302 of Indian Penal Code, 1860 (in short I.P.C.) and Section ¾ of Dowry Prohibition Act (in short D.P. Act). Whereby the convict/appellant has been held guilty and sentenced under Section 498A, 302 of I.P.C. and Section 4 of the D.P. Act, Police Station Shivgarh, District Rae Bareli. The convict has been awarded the following sentences :-
| Sl. No. | Sections | Sentences awarded |
| 1. | Under section 498-A I.P.C. | Rigorous imprisonment of three years coupled with a fine of Rs.5,000/-and in default of payment of fine, six months simple imprisonment. |
| 2. | Under section 302 I.P.C. | Life imprisonment coupled with a fine of Rs.20,000/-and in default of payment of fine, two years additional imprisonment. |
| 3. | Under section 4 of D.P. Act. | Rigorous imprisonment of two years coupled with a fine of Rs.5,000/-and in default of payment of fine, three months simple imprisonment. |
2. The facts in short, necessary for disposal of this appeal are as under:-
(ii) On 25.01.2007 he received a phone call from village Ahasan Jagatpur that Sanjay Singh has set ablaze Manju after pouring Kerosene oil. On this the complainant, his younger brother Sonu Singh, cousin Santosh and many other people of the village went to village Ahasan Jagatpur and found that his sister was badly burnt. The smell of kerosene oil was coming out from her body. His sister Manju told him that Sanjay Singh has set her ablaze after beating and dousing with kerosene oil. His sister was being carried by Sonu Singh and Santosh Singh to hospital in Bachhrawa. The condition of his sister was very serious.
(iii) After registration of the FIR investigation started. The dying declaration of the deceased was recorded by Mr. Piyush Srivastava, 'Naib Tehsildar' in the hospital where the deceased was under treatment. The deceased died during treatment on 29.01.2007 in the hospital. The written information of death was given by the complainant at the concerned police station (Exhibit Ka-18). After in
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