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Hon'ble Virendra Kumar Srivastava,J.

Criminal Appeal No. 176 of 2015 has been filed under Section 378 Code of Criminal Procedure,1973 (hereinafter referred as 'Code') by the State of Uttar Pradesh whereas Criminal Appeal no.863 of 2015 has been filed under Section 374 (2) of the Code by the appellant- Jagjiwan.

Both the aforesaid appeals have been preferred against the judgment and order dated 10.07.2015, passed by Additional District and Sessions Judge, Court no.5, Lakhimpur Kheri, in Sessions Trial no.1170 of 2003, arising out of Case Crime No.157 of 2001 under Sections 498A,304B,302 I.P.C. and Section 3/4 of the Dowry Prohibition Act whereby appellant-Jagjiwan (hereinafter referred as 'appellant-accused') of Criminal Appeal No.863 of 2015, has been convicted for the offence under Section 304-B I.P.C. for 10 years rigorous imprisonment and respondent/Balram (hereinafter referred as 'respondent-accused') of Criminal Appeal under Section 378 Cr. P. C. No. 176 of 2015 has been acquitted.

Since both the aforesaid criminal appeals have been preferred against the aforesaid judgment and order, with the consent of learned counsel for both the parties, both appeals have been heard jointly and are being decided by the common judgment.

Prosecution case, in brief, is that deceased /Smt.Bindey Devi, sister of Bhagwat Saran (P.W.-1), was married with appellant-accused/ Jagjiwan. Respondent-accused/ Balram is father of the appellant-accused/Jagjiwan.Deceased/Smt. Bindey Devi died in her matrimonial house alongwith her son Master Harendra aged about 3 years on 25.06.2001 at about 11.00 a.m. due to burn injury. Bhagwat Saran ( P.W.-1) lodged First Information Report ( Exbit Ka-1) on 26.06.2001 at about 17.05 hrs., alleging therein that the deceased- Smt. Bindey Devi was married with appellant- accused five years ago and sufficient dowry was given to appellant-accused but appellant-accused, respondent-accused and co-accused Pyare Lal (grandfather of appellant-accused) were not satisfied with the said dowry and they used to demand a motorcycle. It was further alleged that due to non-fulfillment of said demand, they used to torturer, harass and beat the deceased-Smt. Bindey Devi. He ( P.W.-1) had brought his sister to his house but on the advise of same respected people he had sent his sister (deceased) to her matrimonial house. It was also alleged that on 25.06.2001 at about 11.00 a.m., appellant-accused, respondent-accused and co-accused Pyare Lal poured kerosene oil at the deceased and set her on fire. Son of the deceased/ Master Harendra,who was 3 years old looking his mother was being burnt, clung her and also died due to burn injury with his mother.

In view of the above, the impugned judgment and order, so far as it relates to the acquittal of respondent-accused/ Balram, is affirmed and the Criminal Appeal U/S 378 Cr. P. C. No. 176 of 2015 (State of U.P. Vs. Balram) is hereby dismissed whereas the impugned judgment and order, so far it relates to the conviction of appellant- accused/ jagjiwan, is affirmed but the sentence awarded against him is reduced from 10 years to 7 years .

Accordingly, the impugned judgment and order is modified to the aforesaid extent and Criminal Appeal no. 863 of 2015( (Jagjiwan Vs. State of U.P.) is partly allowed.