Life imprisonment under Section 304B IPC should be rare and must consider socio-economic conditions; proportional sentencing is essential.

JUDGMENT :

VINAI KUMAR DWIVEDI, J.

1. This criminal appeal has been filed against the judgment and order dated 29.09.2018/03.10.2018 passed by learned IVth Additional Session Judge/Special Judge (E.C. Act), Bijnor in Session Trial No. 593 of 2015, arising out of Case Crime No. 272 of 2015, under Sections 304B in alternative 302/34 IPC and Section 4 of Dowry Prohibition Act, Police Station Chandpur, District Bijnor. By the impugned order, learned Additional Session Judge has convicted and sentenced the accused-appellants Shakeel Ahmad and Sherbaz @ Shadab to undergo imprisonment for life under Sections 304B IPC and under Section 4 of Dowry Prohibition Act, to undergo two years imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, to undergo three months’ further imprisonment. Both the sentences awarded to the accused-appellants are to run concurrently.

2. Brief facts of the case are that on the basis of written report, Ext. K-1, which was filed by informant Naseema (PW-1) at police station Chandpur, district Bijnor, a first information report, Ext. K11, was registered on 24.04.2015 against Gulshana, Shakeel Ahmad, Shahzad, Km. Roshan and Shadab, who are mother-in- law, father-in-law, brother-in-law, sister-in-law and husband of the deceased, respectively, alleging inter alia that her daughter's marriage was solemnized with Sherbaz @ Shadab on 14.12.2014. After the marriage, her in-laws used to taunt her for bringing less dowry and the son-in-law used to demand a motorcycle and rest of the family members were demanding Rs. Two lakh. On 09.04.2015 at about 10:30 PM, Sherbaz put kerosene on her daughter and her mother-in-law and sister-in-law were saying that because the demand of additional dowry has not yet been fulfilled, therefore, burn her to death. After that, her brother-in-law Shahzad and father-in-law Shakeel lit a fire with a matchstick and threw it on her daughter. The daughter of the informant was seriously burned. The first information report was lodged after the death of the daughter of the informant.

3. On receiving information of the incident, Investigating Officer Mahesh Chandra Atri (PW-11) reached at the spot of the incident and inspected the place of occurrence. Prior to this witness, the case had been investigated by Shailendra Rao, Circle Officer. Mahesh Chandra Atri (PW-11) recorded the statement of the informant Naseema on 25.04.2015. He also prepared a site plan of the place of occurrence, Ext. K14, on the pointing out of the informant Naseema (PW-1). Thereafter, Investigating Officer recorded the statement of Reshma and Asif @ Asif. Investigating Officer also prepared other formal police papers and also prepared panchayatnama of the dead body of the deceased through Sub Inspector Kripal Singh (PW-8). After panchayatnama, dead body of the deceased was sent for autopsy. After recording the statement under Section 161 Cr.P.C. of the prosecution witnesses, charge-sheet was filed only against accused- appellants, Shakeel Ahmed and Sherbaj @ Shadab, under Section 304B IPC and Section 3/4 Dowry Prohibition Act. Other persons named as accused in the written report were exonerated by the police. Dr. Ravi Prakash (PW-6) conducted the postmortem of the deceased Nazia and prepared the postmortem report, Ext. K-10, and according to Ext. K-10, Dr. Ravi Prakash (PW-6) found following burn injuries on her body :

“Superficial to deep burn present on whole of face, neck front and back both upper limb right and left, breast and abdomen as whole front and back, buttocks both genital organ, left thigh whole thigh front and back, right thigh front up to the knee. Blackish brown skin present. Infected pus p