Umesh Chandra Tripathi ORDER
Ram Surat Ram (Maurya), J.
1. Heard Sri J.L. Maurya, for the appellant and Sri Nafees Ahmad and Sri Anil Kumar Kushwaha, A.G.A., for State of U.P.
2. Santosh Kumar (the appellant) has filed this appeal from his conviction and sentence dated 15.11.2007, passed by Additional Session's Judge, Court No. 1, Kaushambi, in S.T. No. 337 of 2006, State vs. Santosh Kumar [arising out of Case Crime No. 202 of 2006, under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.)], P.S. Saini, district Kaushambi, convicting the appellant under Section 302 IPC and awarding sentence of imprisonment for life with fine of Rs. 2,000/-, along with default stipulation.
3. On the complaint (Ex-Ka-1) of Ram Sajeevan Maurya (PW-3), FIR (Ex-Ka-11) of Case Crime No. 202 of 2006, under Section 304-B, 498-A IPC and Section 3/4 of Dowry Prohibition Act, 1961, was lodged at P.S. Saini, district Kaushambi, on 27.06.2006 at 19:30 hours, by Head Moharrir Badri Vishal against Santosh Kumar Maurya (the appellant). It has been stated in the FIR that Smt. Indrani Devi, the daughter of the informant, was married to Santosh Kumar Maurya, in the year 1992. After some times of the marriage, his son-in-law began to demand dowry of Rs. 50,000/- and one motorcycle and asked his daughter to bring aforesaid dowry from her father otherwise she would not be kept. When his daughter came to his house and informed him about the aforesaid dowry demand, then he went to village Sambhui and pacified his son-in-law that in the marriage, he had expended Rs. 80,000/- and at present he had no money but his son-in-law through out remained demanding aforesaid dowry from his daughter and assaulting her in relation to it. Then in last year, the informant gave Rs. 30,000/- to his son-in-law and deposited Rs. 40,000/- cash as "fixed deposit" in Sahara India, in the name of his daughter. But his son-in-law had illicit relation with the wife of Ram Bhawan of his village, which used to be objected by his daughter. On 24.06.2006 at 08:00 PM, when his daughter was cooking food, then his son-in-law poured kerosene oil on his daughter with the help of wife of Ram Bhawan and set her on fire. After hearing her cries, Niranjan, Ghasite, Mukhsen and various other villagers came there and took his daughter to Sirathu hospital, where his daughter gave statement before Tahsildar, Sirathu and died thereafter. Her dead body was lying at the hospital.
4. It is alleged that Smt. Indrani Devi was brought to the hospital in burnt condition and Tahsildar, Dhirendra Kumar (PW-8) was informed for recording her "dying declaration" who recorded her "dying declaration" (Ex-Ka-9) on 24.06.2006 at 22:35 hours. Smt. Indrani Devi died on 24.06.2006 at 23:30 hours at Sirathu hospital. One Ghasite son of Mahrajdeen Maurya, resident of village Sambhui gave information regarding death of Smt. Indrani Devi at police station Saini, which was noted in G.D. vide Rapat No. 45 o........