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Siya Ram v. State Of U.P. - CRIMINAL APPEAL No. 2318 of 2006  RD-AH 12397 (19 July 2007)
Court No. 49
Criminal appeal no. 2317 of 2006
Savita Devi and another Vs. State
Criminal appeal no. 2318 of 2006
Siya Ram and another Vs. State.
Hon'ble M. K. Mittal, J.
Criminal appeal no. 2317 of 2006 has been filed by Savita Devi and Chanmati Devi and criminal appeal no. 2318 of 2006 has been filed by Siya Ram and Smt. Sharda Devi against the judgement and order dated 6.4.2006 whereby they have been found guilty and convicted under Sections 498-A, 304-B IPC and Section 4 D. P. Act and has been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on them with default stipulation. Appellants have prayed for release on bail during pendency of these appeals.
Heard Sri L.S. Yadav, learned counsel for the appellants, learned A.G.A. and perused the trial Court record.
Brief facts of the case are that Smt. Nirmala Devi daughter of informant Ram Karan was married with accused Siya Ram on 12.3.2000. Dowry was given but it could not satisfy the accused persons and additional dowry was being demanded in the shape of cooler, fan and colour television. When these items could not be given she was harassed and ill treated and was finally set on fire on 10.4.2004 in the night at about 8 p.m.. When the informant came to know about the incident, he came to sasural of her daughter and she was taken to hospital for treatment in the morning of 11.4.2004. Her dying declaration was recorded by Naib Tahsildar on 13.4.2004. Finally she succumbed to her injuries and post mortem was conducted on 1.5.2004. Cause of death has been mentioned as septicaemia in wounds caused on account of burn injuries. Smt. Nirmala Devi was medically examined on 11.4.2004 at 8 a.m. by the medical officer in District Hospital, Mau and the injury report Ex-Ka-4 shows that she was brought by Smt. Sharda Devi, mother in law of the deceased. This report also shows that she had 90 % burn injuries and smell of kerosene oil was present and condition was very serious.
Dying declaration was recorded at 4.15 p.m. on 13.4.2004 by the Naib Tahsildar. Before recording the statement, medical officer had certified about fitness of mental condition of Smt. Nirmala Devi. After examination also doctor certified that during examination she was in fit mental condition and was able to give her statement. In the statement she said that she had come on 5.4.2004 to her sasural from her maika. She was married in March 2000. On 10.4.20004, when she was sleeping her mother in law, three nanads and her husband tied her hands and legs and also put a cloth in her mouth and sprinkled kerosene oil on her and set her on fire. In the morning when her parents came she was taken to hospital. Her husband, mother in law and nanads continuously used to demand money as dowry and set her on fire on that account. She also stated that two days prior to this incident her father in law had gone out.
Learned counsel for the appellants has contended that the accused have been wrongly implicated in this case and that the dying declaration as given by the deceased and as relied upon by the prosecution is not convincing and reliable. According to him the condition of Smt. Nirmala Devi was very serious and she was having 90 % burn injuries and was not in a condition to give any statement. He has also contended that Smt. Nirmala was not set on fire by accused persons but when she was cooking food the stove burst on account of more air pressure and as a result thereof she received burn injuries. He has also contended that at the time of alleged incident, nanads Smt. Savita Devi and Chanmati were not present as Smt. Savita Dei was in her sasural and Chanmati had gone to look after on account of her pregnancy. In this case one other nanad Smt. Dhanauta @ Dhanmati Devi was also tried but has been acquitted by the learned Trial Court.
Learned A.G.A. has contended that defense version that the deceased received burn injuries on account of bursting of stove is not made out from the evidence on record and learned Trial Court has rightly disbelieved this defense version. He has also contended that dying declaration is wholly reliable and it was recorded by Magistrate on 13.4.2004 and her mental condition was certified to be fit by the Medical Officer. Dharmendra Kumar Singh, Naib Tehsildar has been examined as P.W.-10 and Doctor Mangal Singh who certified mental fitness of the deceased has been examined as P.W.-11. Learned A.G.A. has also contended that there is nothing in the statement of these two witnesses which could create any doubt in the veracity of the dying declaration.
The complainant has also stated on oath that he was told by the deceased about the incident and the role of accused persons and on that basis first information report was lodged by him. In the first information report only the names of Siya Ram Chaurasia, Sharda Devi and Savita Devi have been mentioned as the persons who tied the legs and hands of the deceased and set her on fire after sprinkling kerosene oil. Name of Km. Chanmati unmarried nanad of the deceased has not been mentioned in the first information report. Complainant has stated that he did not mention the name of unmarried nanad and it was left from being written in the report.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, appellant Chanmati be released on bail during pendency of the appeal on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. The realization of fine as imposed on her shall remain stayed during pendency of appeal.
The bail prayer of the three appellants namely Siya Ram, Smt. Sharda Devi and Smt. Savita Devi is hereby refused.
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