JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred against the judgment and order dated 17.12.2014, passed by learned Additional Sessions Judge, Court No.4, District Maharajganj, in Session Trail No. 90 of 2006 (State of U.P. vs. Vikram Prasad and Others), arising out of Case Crime No.336 of 2006, under Section 302 of Indian Penal Code (in short “IPC”), Police Station-Shyamdeorva, District Maharajganj whereby the appellant is convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.20,000/-and in default of payment of fine, further imprisonment for one year.

2. The brief facts of the case are that a written report was filed by informant Jhinak at Police Station Shyamdeorva, Maharajganj, District Maharajganj with the averments that complainant’s daughter Shanti Devi was married to Vikram R/o Village Belrai, Police Station Shyamdeorva, District Maharajganj before one and half year. For want of Rs.10,000/-, in the night of 20.03.2006 the accused Vikram and his mother-Simirata Devi set his daughter ablaze and after getting her admitted into the Medical College, Gorakhpur they (the accused) absconded from there. On getting the information from the villagers on phone, the complainant and others reached Medical College, Gorakhpur where on 24.03.2006 at about 6:00 PM Shanti Devi passed away during the course of treatment.

3. On the basis of the aforesaid written report, a case crime no.336 of 2006 was registered against the aforesaid accused persons under Sections 498-A and 304-B I.P.C. During the course of investigation, I.O. has visited the spot and prepared the site plan. I.O. has also collected the piece of cot, piece of burn bedding, container of kerosene oil along with matchstick etc. from the spot and prepared the recovery memo. On the next day of occurrence, a dying declaration of the deceased was recorded by Naib Tehsildar Sunil kumar patel. The injured Shanti Devi died after four days of the occurrence i.e. 24.03.2006 during treatment. Post-mortem was conducted, in which cause of death was mentioned as shock. Before postmortem inquest report was also prepared. I.O. recorded the statement of the witnesses. After completion of investigation, a charge sheet under Section 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 was submitted against the accused persons namely Vikram and Semirata Devi.

4. Learned Magistrate committed the case to the sessions court as the case was triable by sessions court.

5. Learned trial judge framed the charges against both the accused persons under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961.

6. To bring home the charges, the prosecution examined following witnesses:

7. In support of oral evidence, prosecution submitted following documentary evidence, which was proved by leading oral evidence: