At the trial, they took the plea that the deceased died as a result of accident of chimney local lamp and they have been falsely implicated.
P 13 was also recorded by the Executive Magistrate PW 12 .
2 mother in law set her ablaze by lighting a match stick.
The learned Trial Judge framed charges against the accused under Sections 3 4 of Dowry Prohibition Act, 1961 and under Sections 304B/34, 302/34 and 498 A, IPC.
On 2nd August, 2003, within one and a half years of her marriage, the appellant No.
A My husband and mother in law have admitted me at this place.
P.C. the accused denied the charges and claimed to be tried.
P 24 was registered by the ASI, PS Newai PW23 .
She was also subjected to torture and cruelty every number and then by the husband and in laws.
Under Section 304 B Life imprisonment and fine of Rs.2,000/ , in of IPC default, additional RI for one year Under Section 302/34,Life imprisonment and fine of Rs.2,000/ , in IPC default, additional R.I. for one year.
I do number remember the date of my admission.
The victim was treated at the Revival Medical Centre till 13th August, 2003 on which date, when the companydition of the victim was getting deteriorated, the Revival Medical Centre intimated the police about the incident vide Ext.
After going through the entire process of trial and in the light of various rulings of this Court, the Trial Court came to the companyclusion that all the three accused were guilty of the offences charged against them, except charge under Section 304/B/34, IPC against father in law of the deceased.
Under Section 304 B Life imprisonment and fine of Rs.1,000/ , in of IPC default, additional RI for six months.
You have been burnt at which body parts?
On 13.08.2003, for the first time, Police were informed about the incident.
2 stated to the Doctors that the victim sustained burn injuries due to accident Ext.
Q Since how may days from the marriage they have been companymitting cruelty?
P 13 , the High Court thought it fit to companyvict the appellants under Section 302 read with Section 34, IPC on the basis of dying declaration itself.
Act, 1961 Under Section 498 A RI for 3 years and fine of Rs.1,000/ , in of IPC default, additional RI for six months.
As per the case of the prosecution, the deceased was admitted in the hospital i.e. Revival Medical Centre on 02.08.2003 with burn injuries.
Q Who had admitted you at this place and when they had admitted you?
They were companymitting cruelty for the dowry.
On 06.08.2003, her parents also came to Bhilai and stayed with her.
The Trial Court accordingly acquitted him of the said charge and sentenced all the accused in the following terms.
She remained in the hospital till 10.00 p.m. of 13.08.2003.
Accused No.
Act, 1961 Under section 4 of R.I. for 1 year and fine of Rs.1,000/ , in Dowry Prohibition default, additional RI for two months.
Accused No.1 Umakant Appellant No.1 husband of the deceased Under Section 3 of R.I. for 5 years and fine of Rs.2000/ , in Dowry Prohibition default, additional RI for one year Act, 1961 Under section 4 of R.I. for 1 year and fine of Rs.1000/ , in Dowry Prohibition default, additional RI for six months.
However, on 7th September, 2003, during the companyrse of her treatment, the victim died.
1 husband beat her with an iron rod before night and while she was going to take bath in the morning, he caught hold of her and allegedly poured kerosene on her body.
After the death of the deceased, investigation companytinued, witnesses were summoned, inquest was made, dead body was sent for autopsy, spot map was prepared.
Whenever I returned from my Mayeka, upon number taking the money she used to torture me badly, recently some mothers back while I went to Gujarat, my mayeka, when I came back my Sasural then they started telling about the money.
P 13 was also proved from its writer PW 12 .
Having recorded statements of witnesses under Section 161, Cr.
Immediately thereafter, F.I.R. Ext.
2 mother in law of the deceased Under Section 3 of R.I. for 5 years and fine of Rs.1000/ , in Dowry Prohibition default, additional RI for six months.
P.C., charge sheet was filed against the accused husband, mother in law and father in law .
Act, 1961 Under Section 498 A RI for 3 years and fine of Rs.2,000/ , in of IPC default, additional RI for six months.
2 Yashoda Appellant No.
Q How you were burnt, the incident is of which date, please tell the whole description.
I have been burnt therefore they have admitted me.
3 Om Prakash father in law of the deceased Under Section 3 of R.I. for 5 years and fine of Rs.2,000/ , in Dowry Prohibition default, additional RI for six months.
Brief history of the case, as per prosecution case, is that Anita Jaiswal deceased was married to Umakant appellant No.1 and after six months of the marriage, her husband and in laws started harassing her to bring money from her father whenever she visits her parental home and also made a demand of Rs.50,000/ as dowry.
On 13th August, 2003 itself the victims dying declaration Ext.
I had told abiout the cruelty of my husband and mother in law.
Appellant No.
In their statement under Section 313, Cr.
P 2 with a chimney local lamp .
The whole basis for the High Court to companyvict and sentence the accused under Section 302 IPC is the dying declaration recorded by the Magistrate which was marked as Ex.
While dealing with the appeal filed by the accused, the High Court formed the opinion that there was number enough evidence to uphold the companyviction and sentence of the appellants as awarded by the Trial Court under Sections 498 A, 304 B, IPC and Sections 3 4 of the Dowry Prohibition Act, 1961.
A They have been harassing me since 4 5 months after the marriage.
The deceased succumbed to the burn injuries on 07.09.2003.
A My mother in law was companymitting cruelty against me, whenever I went my Mayeka she used to tell me for taking Rs.50,000/ from my Mayeka.
On that day, her dying declaration was recorded by the Magistrate who was later examined as P.W.12.
Act, 1961 Under Section 498 A RI for 3 years and fine of Rs.2,000/ , in of IPC default, additional RI for six months.
The victim was immediately taken to Revival Medical Centre, Bhilai where appellant No.
Accused No.
Thereafter, as her companydition deteriorated, she was shifted to another hospital.
To bring home the charges against the accused, the prosecution in all examined 27 witnesses whereas the accused, in their defence examined two witnesses.
A After the marriage, I visited Mayeka for three times, then on the third occasion while I had gone to Mayeka then I had told my father then my father had told me that presently his position was number good, after managing the money as earliest he would sent the money.
Investigation was taken up by PWs 26 and 27, the Superintendent of Police and the Station House Officer respectively who also seized a bottle of kerosene oil, one wooden stool, one iron pipe etc.,
Q Whether you did number tell your parents that your husband and mother in law were harassing you?
My whole body parts below the neck have been burnt.
and a seizure memo was accordingly prepared.
Act, 1961 Under section 4 of R.I. 6 month and fine of Rs.1000/ , in Dowry Prohibition default, additional RI for one month.
The victim was then shifted to Jawaharlal Nehru Hospital Research Centre, Bhilai for further treatment.
One day prior to the date of the incident my husband had heavily beaten me, he beaten me from the Pirha wooden structure and from the iron rod, on the next day to that at about 8.00 a.m. after holding me my husband poured kerosene oil over me and after lit up a match stick my mother in law thrown the same at me, after becoming frightened, I held the hands of my Jeth, while my Jeth also started burning then after giving jolt at me, he got me fell down, the ladies residing in the back side of my residence arrived there and they changed my clothes after than by arranging a temp, I got admitted in the hospital.
V. RAMANA, J. Aggrieved by the judgment and order dated 24th September, 2010 of the Division Bench of the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No.
495 of 2005 maintaining their companyviction and sentence under Section 302 read with Section 34, IPC, the appellants have filed this appeal by special leave.
The Trial Court, after analyzing the statements of witnesses and keenly companysidering the material evidence came to the opinion that the prosecution had got established its case and the dying declaration Ext.
Under Section 302/34 Life imprisonment and fine of Rs.1,000/ , in of IPC default, additional RI for six months.
