The prosecution must prove the essential elements of dowry death, particularly the 'soon before' requirement, which was not satisfied in this case.

JUDGMENT

Hon'ble Nalin Kumar Srivastava,J.

1. Since these appeals have been filed by the accused appellants against the same judgement and order, they have been heard together and are being disposed of by a common order.

2. Feeling aggrieved with the judgment and order dated 9.9.2011 passed by Additional Sessions Judge, Court No.13, Allahabad in S.T. No. 618 of 2006 arising out of Crime No. 193 of 2003 under Section 304-B/34, 498-A/34 I.P.C. and 4 D.P. Act, P.S.- Kydganj, Allahabad, whereby the appellants have been convicted and sentenced under Section 304-B/34 I.P.C. for 10 years rigorous imprisonment, under Section 498-A/ 34 I.P.C. for 2 years rigorous imprisonment with a fine of Rs.2,000/- each with default clause and under Section 4 D.P. Act for 1 year simple imprisonment with a fine of Rs.1,000/- each with default clause and all the sentences were to run concurrently, the present criminal appeals have been preferred by convict-appellants 1. Ram Ji, 2. Smt. Sumari Devi, 3. Mahendra Kumar, 4. Dwarika Prasad, 5. Ram Prasad, 6. Smt. Manju, 7. Smt. Manisha, 8. Smt. Urmila and 9. Smt. Kusum.

3. Out of nine convict appellants, convict Ram Ji and Dwarika Prasad have died and reports regarding their death are available on record. Hence, the appeals qua convict appellants Ram Ji and Dwarika Prasad stand abated.

4. The prosecution story as unfolded in the FIR is that Urmila, the daughter of the informant Chote Lal was married with Ram Ji s/o Shyam Sundar on 11.11.2003 and when she came to her matrimonial house after marriage a demand for one scooter and Rs.50,000/- cash was made by her in-laws as an additional dowry and she was also threatened for dire consequences in case the demand made by the in-laws was not satisfied. She came back to her parental house and when on 27.11.2003 she again went to her matrimonial house she was tortured and burnt by pouring hot mustered oil, which resulted into the burning of her right hand and leg; On her telephone call, Ghanshyam, the son of the informant and his son- in-law Chaman Kumar went to the house of her in-laws on 3.12.2003 and the deceased was taken to her parental house and when they were taking her to the hospital on 4.12.2003, she died on way at 7 am.

5. On the written report of informant FIR was lodged on 4.12.2003 at 10.00 am against 9 named accused persons and investigation started.

6. Inquest proceedings were performed by Tehsildar Bara, Brajendra Singh on 4.12.2003 and subsequently her dead body was examined by Dr. A.K. Mehrotra on 6.12.2003, who prepared the autopsy report and found several ante-mortem injuries over the body of the deceased and the cause of death was found coma as a result of ante-mortem head injury.

7. The matter was investigated initially by Shri Prakash Swaroop Pandey, Dy. S.P. EOW, who during course of investigation inspected the place of occurrence and prepared site plan, made arrest of accused persons and also proceeded to interrogate the witnesses of this case and subsequently the investigation was transferred to Shri Rajesh Kumar, C.O. City, Firozabad, who completed the rest formalities of the investigation and after collecting sufficient evidence submitted charge sheet to the Court.

8. The offence being exclusively triable by the Sessions Court was committed to the Court of Sessions by the Magistrate where charges under Section 498-A/34, 304-B/34 I.P.C. and Section 3/4 D.P. Act were framed against all the charge sheeted nine accused persons. They denied all the charges and claimed for trial.

9. To bring home the charges against the accused-appellants the prosecution relied upon the oral evidence and in all as many as 10 prosecution witnesses were examined. P.W.1 Chote Lal, informant/ father of the deceased, P.W.2 Ghanshyam Kumar, brother of the deceased, P.W.3 Km. Shabnam, sister of the deceased and formal witnesses P.W.4 Dr. Veerendra Singh, medical officer, P.W.5 Crt. Mhr. Rampati Singh, P.W.6 Dr. R.D. Ram, P.W.7 Rajesh Kumar, C.O. City, second I.O, P.W.8 Dy. S.