By reason of a judgment and order dated 30.4.1996, the learned trial judge while acquitting Smt.
He was informed by daughter of Maiku who was married in the village of appellant that one year before the death of the deceased, accused persons had burnt her.
This was told by my sister and gave the money.
brother of the deceased, inter alia alleging I, Ajmer Singh s o Ranbahadur Singh R o Nigohi, S. Deeh Janpad Raebareli, my elder sister Asha Devi was married in 1987 with Suresh Kumar Singh s o Manbodh Singh at village Budhwar, P.S. Deeh, Janpad Raebareli.
In his cross examination, however, he accepted that the appellant was married only to Asha Devi alone.
One month after the marriage, she came back to her maternal home and told her mother and other female members that the appellant and his family members had demanded a chain and a ring and also assaulted her.
In the opinion of the doctor, the cause of death is shock as a result of ante mortem burn injuries.
One unknown person who is her neighbour came to my house and informed that your sister has been done to death and her dead body is lying and are preparing to cremate her.
I reached the site and saw my sister who was lying burnt and dead.
In answer to a question as to the name of Shiv Kumari was entered in the voter list of 1988 as the wife of the appellant, he stated as under I do number know how the name of Shiv Kumari is entered in the voter list of 1988 as the wife of Suresh Kumar Singh.
Raebareli have burnt and killed my sister.
Accused persons did number provide her any treatment and the deceased had a big wound.
Six months thereafter allegedly while Gauna ceremony was being performed, he was informed by the deceased that they should give her a ring and a chain as otherwise the appellant would kill her.
After marriage my brother in law, his younger brother and sister Kusuma were harassing her and asking for dowry.
Thereafter demand for more money, ring and chain was made, in this regard she was burnt year ago.
Appellant had made an attempt to cause burn injuries to her one year prior to the date of occurrence.
Total burn about 40.
He denied the suggestion that the marriage took place 14 years prior thereto.
We may furthermore numberice the injuries found by the Autopsy Surgeon in his post mortem examination on the body of the deceased, which are as under I to III degree burn on front and back of skull, neck, front and side of whole chest with upper part of abdomen, let axilla and whole arm and back of shoulder and scapular region, with exholate and pus companying out from right elbow region.
The prosecution has number been able to prove demand of dowry from the family members of the deceased.
The prosecution in support of its case examined four witnesses.
Therefore, you are requested to lodge report and prosecute.
I do number know that Shiv Kumari w o Suresh Kumar Singh was elected as member of village Sabha.
The date of their marriage, however, is in dispute viz.
I believe that Suresh Singh, Zilajeet Singh S o Manbodh Singh and their elder sister Kusuma D o Manbodh Singh S o Budhwar, S. Deeh, Distt.
Asha Devi was found dead on 8.12.1993 having suffered extensive burn injuries.
Indisputably, on or about 5.9.1995, an application was filed by him for companyrection of his statement, which reads as under It is submitted that on 16.08.95 statement of Applicant Ajmer Singh S o Ran Bahadur Singh, R o Village Nigohi, P.S. Deeh, District Raibareilly was recorded.
She had brought the deceased and got her treated by Dr. Chedi Singh.
Kusuma Devi and Zila Jeet Singh companyvicted the appellant under Section 304B and 498A of the IPC and sentenced him to undergo rigorous imprisonment for seven years for the offence under Section 304B IPC and to undergo three years rigorous imprisonment and a fine of Rs.2000/ for the offence under Section 498A IPC inter alia holding The marriage had taken place in the year 1987.
whether the same had taken place in the year 1983 or in the year 1987.
Dowry demands of the family of the appellant companyld number be fulfilled at that time.
After healing she sent the deceased back with the companysin of appellant and thereafter the deceased was in the house of her husband for six months.
On or about 8.12.1993 at about 5.10 p.m., a First Information Report FIR for short was lodged against the appellant and his family members by Ajmer Singh P.W.1. ,
The companytention raised on behalf of the appellant were 1 that the death of the deceased occurred by way of an accident 2 the marriage having taken place in the year 1983 that is number within a period of seven years from the date of her death, Sections 498A and 304B of the IPC were number applicable.
He was examined on 16.8.1995.
B. Sinha, J. Leave granted.
Application of the term soon before her death occurring in Section 304B of the Indian Penal Code IPC for short in the facts and circumstances of the present case is the question involved herein.
He did number have any document to show that he had made arrangements for treatment of his sister.
Asha Devi the deceased was married to the appellant.
The Investigating Officer filed a charge sheet.
I had got her treated and had asked her to live today on 8.12.1993 at about 12O clock.
My brother in law demanded Rs.5000/ at the time of marriage of his sister.
