JUDGMENT:

Nalin Kumar Srivastava, J.

Heard Sri Yogesh Kumar Srivastava, learned counsel for the appellants and Sri N.K. Srivastava, learned AGA appearing for the State and perused the record.

2. The instant criminal appeal has been filed against the judgment and order dated 28.7.2016/29.7.2016 passed by Additional Sessions Judge/Fast Track Court No. 1, Hathras, in S.T. No. 493 of 2014, State v. Arjun Singh and one another, S.T. No. 194 of 2015, State v. Bachchoo Singh and one another and S.T. No. 146 of 2015, State v. Sukhvir, arising out of Case Crime No. 322 of 2014, under Sections 498A, 304B IPC and Section ¾ Dowry Prohibition Act, P.S. Chandpa, District Hathras, whereby the applicants have been convicted under Section 302/34 IPC and sentenced to imprisonment for life with a fine of Rs. 10,000/- each and in default to undergo 6 months additional simple Imprisonment.

3. All the three sessions trials were consolidated with S.T. No. 493 of 2014, State v. Arjun Singh and the another, which was mentioned as leading case.

4. The factual scenario as emerged out from the FIR (Ext. K-3) is that Smt. Hema, sister of the informant Sunil Kumar was married to the accused Arjun Singh on 1.5.2013. After marriage she was harassed and subjected to cruelty for demand of dowry by her husband Arjun Singh, mother in-law Anguri Devi, Jeth Bachchoo Singh and Jethani Anjali Devi, who were not satisfied with the dowry given in the marriage and were demanding Rs. 50,000/- more as dowry. When the informant and his father shown their inability to pay this huge amount, they set ablaze the aforesaid Hema on 3.5.2014 at her matrimonial home. The informant on information went there and took away his sister to the hospital and when they have no money left for treatment, they left away Smt. Hema to her matrimonial home on 3.5.2014. The in-laws of the deceased took no interest in her treatment and ultimately she died on 19.7.2014.

A written report Ext. K-1 was given to the station officer at P.S. Chandpa, District Hathras by the informant and FIR was lodged on 19.7.2014 at 09:15 a.m.

5. The investigation of the case was conducted by C.O. Narendra Dev, who recorded the statements of witnesses and made a site plan (Ext. K-6) after inspection of the house of the accused persons. The inquest report Ext. K-2 was prepared on 19.7.2014 by Tehsildar Ram Jeevan Verma and necessary papers for post-mortem were also prepared. The post-mortem of the deceased was performed by Dr. R.P. Singh on 19.7.2014 and autopsy report Ext. K-5 was prepared by him, who found the following ante-mortem injuries on the person of deceased as mentioned below :

1. Superficial to deep burn (old) on neck and chest and face, surface of skin is covered with granulated tissues.

2. Superficial to deep burn (old) on both asens (Anteriorly and posteriorly). Surface of skin is covered with granulatial tissues.

3. Superficial to deep burn (old) on back of chest where skin surface is covered with granulated tissues.

It was opined that the cause of death was septicemic shock as a result of old burn.

6. After investigation three charge-sheets Ext. K-7, Ext. K-8 and Ext. K-9 was submitted by the Investigating Officer. Meanwhile the dying declaration (Ext. K-10) of Smt. Hema aforesaid was recorded by Sri P.S. Rana, Additional City Magistrate on 4.5.2014 at Maraj Hospital, Aligarh.

7. The accused persons were appeared before the Court and their cases being exclusively triable by the Sessions Court were committed to the Court of Sessions.

8. Accused Arjun Singh and Anguri Devi were charged under Sections 498A, 304B read with Section 302/34 IPC and Section 4 D.P. Act, accused Bachchoo and Smt. Anjali were charged under Sections 498A, 304B read with Section 302/34 IPC as alternative charge and Section ¾ D.P. Act and charges under Sections 498A, 304B read with Section 302/34 IPC as alternative charge and Section 4 D.P.