IMPORTANT POINT
The prosecution must prove its case beyond reasonable doubt, and any alteration of charges must not prejudice the accused's right to a fair trial.

JUDGMENT :

Siddharth, J.

1. Heard Shri Amar Singh Kashyap, learned counsel for the appellant, Ms. Manju Thakur, learned A.G.A.-I for the State and perused the material on record.

2. The criminal appeal has been filed against the judgment and order dated 21.12.2010, passed by Additional Sessions Judge IIIrd, Jalaun, at Orai, in Sessions Trial No. 128 of 2009, State of U.P. Vs. Upendra @ Balveer and Others. By the said judgment and order, the appellant has been convicted under section 316 IPC for the period of five years rigorous imprisonment alongwith a fine of Rs.1,000/-. The appellant has been further convicted under section 302 IPC for life imprisonment alongwith fine of Rs.1,000/-; in default the payment of such fine, for an additional imprisonment of two months.

3. The prosecution case as per F.I.R. is that two years ago, deceased, Deepika, was married to appellant, Balveer, as per Hindu marriage rites. Dowry was given in marriage by the informant as per his capacity, but the husband of deceased, appellant, Balveer, his father, Raj Bahadur and Mother, Smt. Ramkali, were not satisfied with the dowry received in marriage. After marriage, they were demanding one motorcycle, a gold chain and Rs. 1 lakh and send the deceased back to her parental home. After the deceased informed the informant about the conduct of the aforesaid persons, he went to their house and stated that he lacks money to fulfil their demand and after leaving his daughter with them, he came back. They made many phone calls demanding dowry and on 20.05.2009, the aforesaid persons killed his daughter, information whereof was received by the informant on 20.05.2009 at 07:30 p.m. He reached there and lodged the F.I.R. against the accused persons on 21.05.2009 on the basis of written application at 01:00 p.m.

4. Charges were framed against accused under section 498-A, 304-B, 516 of IPC and ¾ of D.P. Act. They pleaded not guilty and sought trial.

5. The prosecution produced the following witnesses to prove the prosecution case:-

(A). P.W.-1, Pooran Singh, informant and father of the deceased; P.W.-2, Smt. Guddi, mother of the deceased; P.W.-3, Kumari Priti, sister of the deceased; P.W.-4, Anup, uncle of the deceased; P.W.-5, Dr. A.V. Singh, who conducted the autopsy of the dead body of deceased; P.W.-6, Mahesh Chandra Pathak, Naib Tehsildar, who prepared the inquest report of the deceased; P.W.-7, Amar Singh, witness of inquest; P.W.-8, Arun Kumar Sirohi, Investigating Officer of the case; P.W.-9, Ram Kumar Singh, witness of inquest report; P.W.-10, another witness of inquest report; P.W.-11, Raju, another witness of inquest; P.W.-12, Ranveer, also inquest witness; P.W.13, Constable, Ram Bahadur, who registered the F.I.R. before the police station at Madhavgarh, District- Jalaun, and P.W.14-, Yashvant Singh, who noted the information given by Karan Singh, Chowkidar, of the village that Smt. Deepika, resident of Village-Malheta, had died on account of burning on 20.05.2009 and information in this regard was registered in G.D. No. 20 at 04:35 p.m.

6. Thereafter, statements of accused persons were recorded under sections 313 Cr.P.C., wherein they denied the allegations made against them.

7. P.W.-1, Pooran Singh, repeated the contents of the F.I.R. before the court in his examination-in-chief. In his cross-examination, he stated that after marriage his daughter had separated from her father-in-law, mother-in-law and was residing with her husband, Upendra @ Balveer, the appellant. He further stated that his daughter never informed him about the demand of motorcycle, a gold chain and Rs. 1 lakh. His daughter came to his house 15 days after her marriage and went back to her matrimonial home after 2-4 days. Thereafter, he never went to meet her and only when her death took place, he got information. The matrimonial home of his daughter was a small and kaccha house. His daughter was suffering from the disease of hysteria and while cooking food she accidentally got burned and died.