JUDGMENT :

1. Heard Sri Ashok Kumar Srivastava, learned counsel for the appellant, Sri Anurag Singh Chauhan, learned A.G.A for the State and perused the material available on record.

2. The instant criminal appeal under Section 374 (2) Cr.P.C has been filed by the appellant against the judgment and order dated 03.03.3004 passed by learned Sessions Judge (FTC – IV), Pratapgarh, in Sessions Trial No. 162/96, Case Crime No. 77/94, under Sections 498-A, 304-B I.P.C, Police Station Nawabganj, District Pratapgarh State of U.P. Versus Shyam Bihari and others, for convicting the appellant and awarding the sentence under Section 306 I.P.C for seven years Rigorous Imprisonment and 10,000/-fine and further to undergo for two years rigorous imprisonment and Rs. 2000/-fine under sections 498-A I.P.C. The sentences were to run concurrently.

3. The applicant has taken ground that the impugned judgment and order of the Court below is unjust, illegal and improper and also perverse. The prosecution has failed to prove its case beyond reasonable doubt, there is no independent witness in support of the prosecution case. The finding of the learned trial court does not find support with the oral and medical evidence on the record. The trial was proceeded against the three accused persons under Section 498-A and 304-B and the learned Trial Court has found that no case was made out against the appellant under Section 304-B I.P.C. On the same evidence the learned Trial Court has acquitted the accused – Shyam Bihari Tiwari (father-in-law), Smt. Ambo alias Chandra Kali (mother-in-law). No case is made out under Sections 498-A, 306 I.P.C against the appellant. The trial court has committed manifest error of law while integrating the provisions of law.

4. On the above grounds the appellant has prayed for quashing the order of conviction and sentenced passed as above.

5. In brief, facts of the case are that the informant – Mangala Dutt Mishra, moved a written complaint to the Superintendent of Police, Pratapgarh, that marriage of his daughter Radha Devi was solemnized with Dilip Kumar six years ago.

6. Sri Shyam Behari Tiwari, father-in-law and his son Dilip Kumar Tiwari were demanding scooter and fridge. He was unable to fulfil the said demand. Being angry, his daughter was killed on 20.09.1994 by the accused persons. After receipt of the said application dated 21.09.1994, an F.I.R under Section 498-A & 304-B I.P.C (Ex.K-13) was lodged in P.S. Nawabganj, District Pratapgarh, which was also entered into G.D (Ex.K-4) and investigation started.

7. Before registration of this F.I.R, the accused -Shyam Behari Tiwari (father-in-law) of the deceased had also moved an application in Police Station Nawabganj, stating therein that his daughter in law Radha Devi wife of Dilip Kumar Tiwari has burnt herself to death by setting her fire. This information was recorded on 20.09.1994 at 16:00 – 17:00 p.m. in G.D and a request was made to S.D.M. Kunda, Pratapgarh for inquest. Thereafter, the S.H.O. with his other police companions alongwith Additional Tehsildar Nizamuddin, P.S Kunda, reached on the spot.

8. On the direction of Tehsildar Nizamuddin, inquest report (Ex. Ka-4) was prepared by Sri R. N. Singh, (S.O) before Panchan, Roop Narain Mishra, Mangala Dutt Mishra, Vijai Bahadur, Anand Vijay Pandey and Shyam Bihari.

9. Inquest related papers i.e. Ex. Ka-5, and Ex. Ka-6 were also prepared. The dead body was sealed in a markin cloth and was sent to the Post-Mortem House, District Pratapgarh for post-mortem report. Infront of the Upper Tehsildar, Kunda, the dead body, burnt cloth, ashes, handle rod were sealed and recovery memo was prepared.

10. Dr. Dig Vijay Singh P.W. 4 conducted the Post Mortem on 21.09.1994 at 3:15 p.m. and found following facts in -

External Examination of the dead body.

11. The deceased was a lady of whitish complexion, average height, eyes were closed, mouth of the deceased was half opened, blood was also coming from the mouth and nose, stomach and chest were