JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Heard learned counsel for the appellants and learned A.G.A. for the State and perused the lower court record.

2. Instant Crl. Appeal has been preferred by convict appellants Achchhe Lal and Prema Devi against judgment and order dated 19.2.2021 passed by learned Additional Sessions Judge/ FTC (offence against women), Jaunpur passed in S.T. No. 263 of 2017 arising out of Case Crime 292 of 2017, under Section 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Sujanganj, District Jaunpur. By the impugned judgment and order, learned Trial Court has convicted the appellants for charge under Sections 498-A, 304B IPC and Section 4 of D.P. Act. One year imprisonment and Rs. 2,000/- fine for charge under Section 498-A IPC, 10 years imprisonment for charge under Section 304B IPC and six months imprisonment and Rs. 1,000/- fine for charge under Section 4 D.P. Act and all the sentences were directed to run concurrently.

3. Factual matrix of the case relevant for present appeal is that informant Udayraj Bind, who is r/o Umrikhurd, P.S. Maharajganj, District Jaunpur, lodged an F.I.R. on the basis of written report Ext. Ka-1 at P.S. concerned with averment that his niece Roshni Bind was married with Achchhey Lal Bind S/o Prahland Bindh, R/o village Sujahniya, P.S. Sujanganj, District Jaunpur, on 24.4.2014. Husband and in-laws of his niece were not satisfied with the gifts and dowry given which were given to them in marriage and they started demanding additional dowry to the tune of Rs. 5,00,000/- from Roshni and on non-fulfillment of their demand of dowry, they used to beat and torture her. On 24.5.2017 she was badly tortured by accused persons Achchhey Lal (husband), Rati Lal (husband's brother), Aneeta (sister-in-law) and Prema Devi (motherin-law). He got apprised of this fact on 24.5.2017 in the evening telephonically. He visited the matrimonial home of his niece by taking a hired vehicle but the accused persons refused to send her off to her parental place. They snatched the child of 18 months from her lap and for that reason she could not accompany the informant to visit her parental home. The informant and his companions returned home thereafter. However, on 26.5.2017 at 12:00 noon he was informed that his daughter (niece) has been burnt. When the informant and his family members reached on the spot, they were apprised of the fact that she was burnt and she has been admitted to P.H.C. Sujanganj and thereafter she was referred to District Hospital for Jaunpur. Informant side visited the victim at P.H.C. Sujangaj where she stated that her husband Achchhey Lal Bind, father-in-law Prahlad, brother-in-law Rati Lal, sister-in-law Aneeta and mother-in-law Prema had burnt her after pouring kerosene oil on her body. Victim died on way to District Hospital. The informant lodged an F.I.R. at P.S. concerned on 26.5.2017 at 16:45 hours.

4. The inquest on dead body of the deceased was conducted on 27.5.2017 between 10:00 am to 12:00 hours. Post mortem of the deceased was conducted by Dr. R.P. Vishwakarma (PW-5) on 27.5.2017 at 3:35 PM. Doctor has stated in his post-mortem examination report that in his opinion, cause of death is due to shock as a result of severe flame burn injury, approximately 98% (antemortem).

5. Investigating Officer recorded statements of witnesses of fact Naib Tehsildar Sri Ram Narain as PW-8, Dr. Rajendra Prasad Vishwakarma as PW2 5, other witnesses of fact and formal witnesses and finding complicity of accused persons submitted two charge sheet, one against Achchhey Lal, Prahlad and Rati Lal and other against Aneeta and Prema Devi under Sections 498-A, 304B IPC and 3/4 D.P. Act on 20.8.2017 and 13.11.2018 respectively. Learned magistrate took cognizance of the offence on the basis of charge sheet and summoned accused persons to face trial. Charge sheeted accused persons were enlarged on