The court re-evaluated the intention and knowledge of the accused in causing the bodily injuries that led to death, leading to the conversion of the conviction under Section 302 IPC to Section 304 (Part-I) IPC.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. By way of these appeals the two accused who have filed the appeals out of them the appellant of Criminal Appeal No.6611 of 2016 namely Rajesh Kumar breathed his last during pendency of this appeal therefore qua him the appeal is abated.

2. The sole surviving appellant Smt. Kushma Devi who is incarcerated since 17.3.2012 has preferred this appeal against the judgement and order dated 03.10.2016, passed by learned Additional Sessions Judge/ Fast Track Court No.1, Aligarh in Session Trail No. 164 of 2013 (State of UP vs. Rajesh Kumar and Others), arising out of Case Crime No. 102 of 2012, under Sections 498-A, 304B, 302/34 Indian Penal Code, 1860 (in short ''I.P.C.'), Police Station-Harduaganj, District Aligarh, whereby the appellant-Smt. Kushma Devi was convicted and sentenced for the offence under Section 302/34 I.P.C. for life imprisonment with fine of Rs.20,000/- and in default of payment of fine, further imprisonment for three months.

3. Brief facts of the case giving rise to this appeal are that a written report was submitted by complainant Raj Kumar Singh (father of the deceased) at police station Harduaganj, District Aligarh with the averments that marriage of his daughter Manoj Kumari was solemnized with accused-Rajesh Kumar three years ago. He had given dowry as per his capacity. After marriage accused-Rajesh Kumar and his family members demand motorcycle and Rs.1,00,000/- (Rupees one lakh) as additional dowry and used to compel his daughter to bring the aforesaid articles. It is further averred that on 16.03.2012, appellant-Rajesh Kumar and his family members had murdered his daughter by pouring kerosene oil on her and setting her ablaze.

4. On the basis of above written report, a Case Crime No.102 of 2012 was registered at Police Station Harduaganj, under Sections 498-A, 304-B, 302/34 I.P.C.. Investigation was taken up by Investigating Officer, who visited the spot, prepared the site plan and recorded the statement of witnesses. Inquest report was prepared and post-mortem of the dead body was conduced and its report was also prepared by doctor. After completion of investigation, I.O. submitted the charge sheet against accused-Rajesh Kumar who was the husband and Smt. Kushma Devi, who is the mother-in-law of the deceased. As the case against accused Rajesh Kumar and Smt. Kushma Devi was exclusively triable by the court of session the case was committed to the court of session for trial by the Magistrate, hence, trial took place against accused-Rajesh Kumar and Smt. Kushma Devi.

5. Learned Sessions Court framed the charges against accused-Rajesh Kumar and Smt. Kushma Devi under Section 498-A, 304-B and 302/34 I.P.C. Charges were read over to the accused, who denied the charges and claimed to be tried.

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:-

8. After completion of prosecution evidence, the statement of accused were recorded under Section 313 of Criminal Procedure Code (Cr.P.C.), in which they denied their involvement in the crime and told that false evidence was led against them. The accused examined D.W-1 Chol Singh in defence.

9. We have heard Shri Noor Mohd