Point of Law : under Section 106 of Evidence Act, 1872, there is a corresponding burden on the accused-husband to give cogent explanation as to how the crime was committed. The appellant cannot get away by keeping mum.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 24.01.2006 passed by the learned Additional Sessions Judge, Court no. 6, Basti in Sessions Trial No. 276 of 2000, under Sections 498-A, 304-B of Indian Penal Code, 1860 read with Section 3/4 of Dowry Prohibition Act.

2. On behalf of accused-appellant, learned Amicus Curiae Sri Pramod Kumar Pandey argued the case whereas the State-respondent is represented by the learned Additional Government Advocate Ms. Arti Agarwal.

3. Vide impugned judgment of conviction and order of sentence, dated 24.01.2006, the appellant is convicted under Sections 498-A, 304-B IPC read with Section 3/4 of Dowry Prohibition Act, Police Station Lalganj, District Basti and sentenced with life imprisonment under Section 304-B IPC. Under Section 498-A IPC two years rigorous imprisonment and fine of Rs. 2000/-; in default of payment of fine six months additional rigorous imprisonment. Under Section 3/4 of the Dowry Prohibition Act one year rigorous imprisonment. All the sentences are to run concurrently.

FACTUAL MATRIX OF THE CASE

4. Briefly stating the prosecution case as emerges from the written information dated 27.08.2000 submitted in the Police Station Lalganj, District Basti by the brother of the deceased, is that the informant's sister was married with the accused-appellant Sanjay Kumar, resident of village Dei Saar, Police Station Lalganj, District Basti, approximately 5 years ago (27.08.2000). It is complained that Sanjay Kumar and his father Daya Shanker and mother Dhanpati @ Kanchan were not satisfied with the gifts and dowry given to them at the time of marriage, therefore demanded ''Rajdoot' motorcycle in dowry repeatedly. The father of the informant had already died and the family of the informant was not sound financially, therefore, they could not fulfil the demand of motorcycle in dowry. Due to this, the accused persons, Sanjay Kumar and his parents were harassing his sister, the deceased Islawati Devi. On the complaint made by the informant's sister, the informant met her in-laws with folded hands and told that he was not in a position to gift motorcycle in dowry. Being annoyed by the denial, the accused persons, on 27.08.2000, caused death of Islawati, informant's sister by burning her. After getting information of the incident when the informant, Mani Ram Chaudhary reached at the matrimonial house of his sister and asked the accused Daya Shanker, he told that she had died.

5. The First Information Report was lodged on the said information registering the criminal Case No. 98 of 2000 on 27.08.2000 at about 9:35 p.m. against Sanjay Kumar (the present appellant), Daya Shanker and Dhanpati Devi (the parents of the appellant Sanjay Kumar). On 29.08.2000, the informant Mani Ram Chaudhary applied to add the name of Ram Singh S/o Daya Shanker, brother of the accused-appellant Sanjay Kumar as an accused making harassment and cruelty committed on the deceased Islawati Devi in connection with the demand of dowry.

6. After registering the First Information report, the Investigating Officer reached at the spot of the incident, collected the plain and blood stained soil, other material and articles found near the dead body including one plastic container of kerosene oil of half a litre, the ash of the spot and prepared the relevant memos on 08.08.2000.

7. The inquest proceeding was conducted on 28.08.2000 and concluded on the same day at about 1:00 p.m. The Investigating Officer formed an opinion that the death was caused by burning and sent it for post-mortem with constables Ram Narain Singh and Sriram Pandey on the same day.

8. The plea of alibi is taken by learned the Amicus Curiae on behalf of the accused-appellant Sanjay Kumar.

9. The post-mortem was conducted on 29.08.2000 at about 4:00 p.m. The age of th