The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.

JUDGMENT

Ram Manohar Narayan Mishra, J.

Instant Criminal Appeals have arisen out of common impugned judgment and order dated 30.03.1991 passed by III rd Additional Session Judge, Jaunpur in ST No.18 of 1989 arising out of Case Crime No.463 of 1988, under Sections, 302, 498A of IPC, P.S. Kotwali, District, whereby appellant Sunil Kumar has been convicted of charge under Section 302/149 and Section 498A IPC, and appellants Smt. Paro Devi and Bal Kishun are convicted for charge under Section 304B IPC. The appellant Sunil Kumar has been sentenced to life imprisonment for offence under Section 302 IPC and three months rigorous imprisonment for charge under Section 149 IPC, his further sentence is two years rigorous imprisonment for charge under Section 498A IPC and Rs. 5, 000/- fine with default stipulation. Accused Smt. Paro Devi and Bal Kishun are sentenced to ten years rigorous imprisonment for charge under Section 304B IPC. All the sentences are directed to run concurrently. Accused/appellants are admitted to bail during pendency of appeal.

2. Heard Sri. Rajrshi Gupta, learned counsel for the appellant and Sri. C.L. Singh, learned A.G.A.-I for the State-respondent and perused the material available on record.

3. Both the connected appeals have arisen out of common judgment impugned therein. These appeals are being decided by this common judgment.

4. The factual matrix of the case in brief, relevant for the purpose of present appeal are that alleged occurrence had taken place on 13.05.1988, at around 7 PM within the precincts of Mohalla Haman Darwaja (Ajmeri), Police Station Kotwali, District Jaunpur. A written report Ka-1 was lodged in P.S. Kotwali by the informant Rajaram Seth, the father of the deceased Smt. Gayatri Devi alias Munni Devi on 14.05.1988 at 10:30 PM, with allegation that her daughter Smt. Gayatri Devi was married with accused Sunil Kumar. On 04.06.1987 the marriage was settled with the mediation of one relation of the informant namely Manohar Lal, resident of Mohalla Ajmeri, District Jaunpur. Whereas the informant is resident of Mohalla Nayapura, Kaji Mandi, District Varanasi. The accused persons including husband and in-laws of said Gayatri Devi were started making demand of additional dowry in the form of big television. In this connection the informant has expressed his inability to fulfill the demand made by the accused, but the accused persons did pay heed to his requests and the victim was subjected to cruelty and torture, due to non-fulfillment of the demand of dowry made by her husband and her parents in-law as well as her sisters-in-law (Nanad). The victim made a complaint to her father, towards ill treatment meted out to her in her matrimonial home to her father on many occasions, but he would pacify her, ultimately she was set-ablaze in the intervening night of 13/14.05.1988 and he received this information from a man who visited his place at around 2:30 hours in Varanasi. He was also informed that people of Mohalla had admitted her to Government Hospital, Jaunpur in serious condition. The informant rushed to Jaunpur alongwith his brother immediately and reached Jaunpur at 7:00 AM, but when he visited the hospital was informed that his daughter died at 6:30 AM. The informant visited the place of accused persons, but they were not found there, the neighbours stated that husband and parents-in-law of the deceased had set her on fire by sprinkling Kerosene Oil on her person at instigation of her grand-father-in-law Panna Lal, even she was given beating by broom by her sisters-in-law (Nanad) when she was burning. She was ultimately hospitalized on intervention of the people of Mohalla. Even they had collected money for her treatment and nobody from the accused side attended her in the hospital. She was kept starving and locked in a room prior to setting her ablaze. His daughter complained to them many times regarding torture meted out to her by accused persons.

5. The Chick FIR Ext. Ka14 was lodged at the