Whether only operative part of the judgment is Pronounced or the full judgment is pronounced: operative part/full judgment

MANDEEP PANNU, J

1. CRA-S-2515-SB-2004 has been filed by the appellant-convict challenging the judgment of conviction and order of sentence dated 13.12.2004, passed by learned Additional Sessions Judge, Jagadhri in case FIR No. 110 dated 09.08.1998, registered under Section 304-B IPC at Police Station Farakhpur, whereby the appellant has been convicted and sentenced as under:-

2. CRR-695-2005 has been filed by the petitioner-complainant against the afore said judgment of conviction and order of sentence dated 13.12.2004 seeking enhancement of the sentence awarded to the accused.

3. Both the above said appeal as well as the revision petition arise out of the same judgment of conviction and order of sentence and, therefore, are being decided by this common judgment.

4. As per the prosecution version, Geetika Sharma, since deceased, was married to Bhanu Prakash, accused, on 10.02.1993 at Muzaffar Nagar. After her marriage, she was residing with her husband at Jagadhri Workshop Colony, Yamuna Nagar, as her husband was employed in the Railways and was posted at Jagadhri Railway Workshop. On 04.08.1998, at about 12 noon, she suffered 90% burn injuries. She was initially taken to the Railway Hospital by her husband and the neighbours. Considering the seriousness of her condition, she was, thereafter, shifted to PGI, Chandigarh, where her statement was recorded by learned Judicial Magistrate Ist Class, U.T. Chandigarh, on the same day at about 8:45 p.m. At that time, her parents had not reached the hospital. In her statement, she stated that she was painting the wall of the kitchen and, while she was soaking the paint brush in kerosene oil, the kerosene splashed over her clothes and the floor of the kitchen. The bottle containing kerosene oil also fell down. Since the gas stove was switched on, her clothes caught fire and she sustained burn injuries. On the following morning, her parents arrived at the hospital. However, on 09.08.1998, she succumbed to her burn injuries at about 1:15 p.m. On the same day, i.e 09.08.1998, at about 2:30 p.m., her father, Sakesh Mani Sharma, moved an application before the SHO, Police Station Farakpur, alleging that his daughter had been subjected to harassment and cruelty on account of demand of dowry. He stated that the marriage of his daughter Geetika Sharma with Bhanu Prakash Sharma, son of Shri Ram Singh Sharma, resident of Village Panch Hara, District Mathura, was solemnized on 10.02.1993 at his residence bearing House No.464/109 (Dakshini), Civil Lines, near Satedium, Muzaffar Nagar. According to him, at the time of marriage, he had given a draft of Rs.1,00,000/-, a refrigerator, Yamaha Motor-Cycle, double bed, steel almirah, golden jewellery weighing about 10 tolas, colour television and other household articles and clothes as dowry. He alleged that, despite the dowry articles having been given at the time of marriage, the husband of his daughter, who was working in the Railway Workshop on the post of Chargeman, started harassing her at the instance of his elder brother, Roop Kishore Sharma, as the latter wanted to obtain more money and dowry articles from the complainant.

5. It was further stated by Sakesh Mani Sharma that, due to such harassment, his daughter had come to him at Muzaffar Nagar several times and had lived with him. However, after he made them understand and persuaded them, her husband would take her back to Yamuna Nagar on the pretext of joining his service. It was stated that, for about 2½ years prior to the occurrence, his daughter had been living with him at Muzaffar Nagar. Thereafter, on 08.03.1998, her husband Bhanu Prakash Sharma, her father- in-law Shri Ram Singh Sharma and her brother-in-law (Jeth), Shri Roop Kishore Sharma, came to Muzaffar Nagar and took her daughter with them to Yamuna Nagar after assuring him that they would keep her properly. Acc