JUDGMENT :

Manish Kumar Nigam, J.

1. This criminal appeal has been filed against the judgment and order of conviction dated 30.11.2016 passed by learned Addl. District and Sessions Judge, Court no.7, Gorakhpur in Sessions Trial No.153 of 2015 whereby the learned Additional District and Sessions Judge, Court No.7, Gorakhpur (hereinafter referred as ‘trial court’) has convicted Rameshwar Lal Chauhan (appellant-accused) s/o late Mishri Lal Chauhan for the offence punishable under Section 302 IPC and sentenced him for life imprisonment and has ordered him to pay a fine of Rs. 25,000/-. In the default of the payment of fine, he had to further suffer rigorous imprisonment for a period of one year. By the same judgment dated 30.11.2016, learned trial Court acquitted the other co-accused namely Smt. Bela Devi, wife of late Mishri Lal Chauhan, Bhuvneshwar Lal Chauhan slo late Mishri Lal Chauhan, Parmeshwar Lal Chauhan, s/o late Mishri Lal Chauhan under Section 498A, 304B, 323, 302 IPC and 3/4 Dowry Prohibition Act.

2. The factual matrix of the case is that the informant namely Sarju Chauhan s/o late Pyare Lal Chauhan submitted a written complaint Ex.Ka-1 on which the First Information Report Ex.Ka-11 was registered in Case Crime No.487 of 2014 under Section 498A, 304B, 323 IPC and Section 3/4 Dowry Prohibition Act at P.S. Cantt, Gorakhpur against Smt. Bela Devi, widow of late Mishri Lal Chauhan (mother-in-law), Bhuvneshwar Lal Chauhan, Kamleshwar Lal Chauhan, Parmeshwar Lal Chauhan, all sons of late Mishri Lal Chauhan (brother-in-laws), Rameshwar Lal Chauhan s/o late Mishri Lal Chauhan (husband) and Anuradha d/o late Mishri Lal Chauhan (Nanad).

3. As per the First Information Report, the informant stated that his daughter Pooja (deceased) was married to Rameshwar Lal Chauhan (appellant-accused) on 26.6.2012. It was further stated that in the marriage, the informant had given Rs.1,00,000/- cash, T.V., Fridge, Washing Machine, Almirah, Bed and other household goods but soon after the marriage, his daughter-Pooja was harassed by her mother-in-law, Bela Devi, husband, Rameshwar Lal Chauhan, brothers-in-law (devar), Bhuvneshwar Lal Chauhan, Parmeshwar Lal Chauhan and Sister-in-law (Nanad), Anuradha for dowry. It was further stated that all the persons used to beat his daughter and whenever informant visited daughter’s place, he consoled his daughter that with the passage of time, everything would be alright but there was no improvement in the behaviour of Saas, Devar, Nanad and husband of the deceased-Pooja. On 31.5.2014, aforesaid persons had beaten his daughter for Rs.50,000/- and for a ring (angoothi). Upon being informed, the informant visited the house of his daughter and brought her back to his house. On 2.6.2014, when the informant came back with his daughter after her B.A. IIIrd year examination, his son-in-law Rameshwar Lal Chauhan took the daughter back to his house . On 11.6.2014, deceased-Pooja worked hard for making arrangements for the marriage of her sister-in-law, Anuradha and in the morning of 12.6.2014 at about 6-6:30 a.m., Pooja came from the place where the marriage was being solemnized in connection with some work. Her Devars Bhuvneshwar Lal Chauhan and Kamleshwar Lal Chauhan also came to the house and locked his daughter in a room and poured kerosine oil and set her to fire. On being informed by persons of the area, informant came to his daughter’s house and saw that her daughter was burnt. With the help of other people, informant admitted his daughter to the District hospital, from where she was referred to the medical College, where during the course of treatment she died at about 8-8:30 p.m on 12.6.2014.

4. The dying declaration Ex.Ka-8 of the deceased-Smt. Pooja, was recorded on 12.6.2014 at about 10:20 a.m at B.R.D Medical College, Gorakhpur by Naib Tehsildar posted at Tehsil Sadar, Gorakhpur.

5. After the First Information Report was lodged, the Police investigated the crime and after collecting the evidence, a charge-