JUDGMENT :

1. Heard learned A.G.A. for the State.

2. This appeal has been preferred by the State against the judgment and order dated 22.02.1986 passed Addl. Sessions Judge, Badauna in Session Trial No. 1 of 1984 (State vs. Radhey Shiam and Others), whereby the accused-respondents Radehy Shiam, Lalta Prasad, Poshabi Lal and Smt. Mada Devi have been acquitted of charges under section 302/34 I.P.C.

3. In this appeal there are four accused persons namely, Radhey Shiam, Lalta Prasad, Poshabi Lal and Smt. Maya Devi, Out of four accused persons, three accused namely, Lalta Prasad, Poshabi Lal and Smt. Maya Devi have died in view of the office report dated 06.12.2022. Hence, the appeal against accused Lalta Prasad, Poshabi Lal and Smt. Maya Devi stands abated. The appeal is being decided against the surviving accused Radhey Shiam.

4. Briefly stated the facts of this case are that Smt. Premwati daughter of Dori Lal (P.W.1) was married to accused-respondent no.1 Radhey Shyam I in April 1982. Accused-respondent no.3 is the father and accused-respondent no. 4 Smt. Maya Devi is the mother and accused-respondent no. 2 Lalta Prasad is the brother of Radhey Shyam. P.W.4 Roopram the complainant in this case is the nephew of Dori Lal and it is said that negotiation regarding the marriage between Radhey Shyam and Premwati was carried by Roopram and marriage itself took place at the house of Roopram. After marriage, there was regular demand of dowry i.e. a Bullet motorcycle and a double bed by the accused persons. Assurance was also given by Dori Lal that their demand would be fulfilled during his visit to Badaun on 15.4.1983 but he could not fulfil that promise. On account of non-fulfillment of demand, the accused persons got annoyed and consequently Radhey Shyam went to the hotel of Roopram on 16.4.1983 and showed his displeasure before Roopram and Jhajhanlal. On 17.4.1983 it was found that Premwati was in a serious condition after vomiting and she was actually struggling for life. She had made an oral dying declaration also before Shyam Sunder PW-2 and stated that she had been poisoned by the accused persons. When Roopram and others reached the residence of Radhey Shyam, it was found that Premwati has been taken to the District Hospital, Badaun and when they reached the hospital, they found Premwati dead. First information report was lodged at 6.10 p.m. on the same day.

5. After registration of the case, the investigation was entrusted to C.O. Bisauli on 17.4.1983. Thereafter, the inquest report was prepared by Sri Om Prakash Tyagi, S.I. (PW7). He received information as to the death of Premwati at police station, Civil Lines, Budaun at 5.05 p.m. on the same day. On 18.4.1983 at about 7.00 A.M. he visited the hospital and dead body was sealed by him. The dead body was sent by two constables for postmortem. On the completion of investigation, charge sheet was submitted against the accused persons which has been proved by him. On the receipt of the charge sheet, the case was registered in the court of learned C.J.M who committed the case to the court of Sessions and ultimately it was received in the court of II Additional and Session Judge, Budaun by way of transfer where the accused persons had faced trial. On their appearance, they stood charged for the offence punishable under section 302/34 of the IPC. to which they pleaded not guilty and claimed to be tried.

6. The prosecution in support of its case has examined the witnesses of facts namely, Dori Lal, father of the deceased (PW-1), Shiam Sunder, Phupera brother of the deceased (PW-2), Jhanjan Lal and Roop Ram (PW-3) and (PW-4) cousin brothers of the deceased. The accused-respondents in their examination under Section 313 Cr.P.C. have denied the prosecution case and stated that they have been falsely implicated. However, they admitted their interse relationship.

7. The learned II Addl. District and Sessions Judge, Budaun after considering the submissions made by learned counsel for the parties be