The main legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the applicability of Section 498A of IPC.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Yogesh Kumar Srivastava, learned counsel for the appellant and Sri Nagendra Srivastava, learned A.G.A. for the State.

2. Present criminal appeal challenges judgment and order dated 22.11.2017 passed by the Additional Sessions Judge (Fast Track Court No.2), Firozabad in Sessions Trial No. 728 of 2011 whereby the learned Additional Sessions Judge has convicted and sentenced the accused-appellant, Balveer Singh, under Section 498A of IPC for two year imprisonment along with fine of Rs.3,000/- (default sentence : two months), under Section 302 of IPC for life imprisonment with fine of Rs.10,000/- (default sentence : six months) and under Section 3/4 of Dowry Prohibition Act, 1961 for two years' imprisonment with fine of Rs.3000/-, in case of default in payment of fine further to undergo two months' simple imprisonment. All the sentences were directed to run concurrently.

3. Facts as culled out from the record are that the deceased was married with the accused-appellant before six years of the incident as per Hindu rites and rituals. There were three children born out of their wedlock. Immediately after the marriage, she was subjected to cruelty and there was demand of dowry. Several times there were settlements but the demand of dowry continued. On the day before the incident occurred i.e. 3.5.2011, the deceased was beaten and was threatened with dire consequences. In the morning, she was set ablaze. When she was set ablaze, she ran towards the locality. The neighbors doused the the fire and got the deceased admitted in S.N.M. Hospital, Firozabad from where, she was referred to Agra. On 9.5.2011, she was brought to AIIMS, Delhi. Her burn injuries ultimately turned into septicemia and she breathed her last.

4. On the basis of the complaint made by informant, father of the deceased, alleging the above incident, the First Information Report being Case Crime No. 196 of 2011 under Sections 498A, 304B, 307, 504, 506 of IPC and Section 3/4 of D.P. Act was lodged at P.S. South, District Firozabad was registered and the criminal machinery moved into motion. On 4.5.2011, the Dying Declaration was recorded. On inquiry being conducted and the investigation getting over, the charge-sheet was filed in the Court of Chief Judicial Magistrate against all the accused who were named in the F.I.R. except accused-Jhamman, who died during investigation. The matter was committed to the Court of Session as it was triable by Court of Session.

5. The learned Sessions Judge has framed the charges against the accused, Ramnath, Smt. Shanti Devi and accused-appellant, Balveer Singh under Sections 498A, 304B read with Section 34 of IPC and Section 3/4 of Dowry Prohibition Act and additional charge under Section 302 of IPC was framed against accused-appellant, Balveer Singh.

6. On being summoned, the accused-persons pleaded not guilty and wanted to be tried.

7. The Trial started and the prosecution examined 11 witnesses who are as follows :

8. In support of ocular version following documents were filed and proved :

9. After the evidence of prosecution was over, Bhudev Singh was examined as C.W. 1 and the accused also led evidence and examined, Balvir Singh, D.W.1, Ram Nath, D.W.2, & Premraj, D.W.3.

10. At the end of the trial and after recording the statements of the accused under section 313 of Cr.P.C., and hearing argum