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2017 DIGILAW 2762 (ALL)

Atul Kumar v. State Of U. P.

2017-11-28

BALA KRISHNA NARAYANA, VIJAY LAKSHMI

body2017
JUDGMENT : 1. Following order was passed by this Court in this case on 28.11.2017 :- “Heard Sri Jai Shanker Audichya and Sri Yatindra Dubey, learned counsel for the appellants, Sri Saghir Ahmad and Sri J.K. Upadhyay, learned A.G.As. appearing for the State. We will give reasons later on, but we make the operative order now: "The impugned judgment and order dated 2.7.2012 passed by Additional Sessions Judge, Court No. 1, Firozabad in S. T. No. 534 of 2009; State of U. P. Versus Atul Kumar and another, convicting the appellants under Sections-498A, 302/34 IPC and Section-4 of D.P. Act, P. S.-Nagla Khangar, district-Firozabad and sentencing them to undergo three years' R. I. coupled with fine of Rs. 2000/-each for offence under Section-498A I.P.C., rigorous imprisonment for life coupled with fine of Rs. 20,000/-each for offence under Section-302/34 I.P.C. and one year's R. I. coupled with fine of Rs. 2000/-for offence under Section-4 of D.P. Act along with default clauses, is liable to be set-aside and is hereby set-aside and modified to the extent hereinbelow: The recorded conviction of the appellants under Sections-302/34 IPC is converted into Section-304 Part I IPC and sentence of life is reduced to ten years and the appellants are acquitted of the charges under Sections-498A IPC and 4 of D.P. Act and the fine imposed is reduced to Rs. 10,000/- each. The appeal stands allowed in part.” 2. Here are the reasons : 3. The brief facts of the case are that P.W. 1 Hari Om Sharma gave a written report at P. S.-Nagla Khagar, district-Firozabad on 10.10.2008 at about 6.30 P.M. stating therein that his sister Vandana was married to Atul Kumar (A1), S/o Ram Naresh, R/o village-Roochan, Manikpur, P.S.-Nagla Khagar on 4.3.2003. Here are the reasons : 3. The brief facts of the case are that P.W. 1 Hari Om Sharma gave a written report at P. S.-Nagla Khagar, district-Firozabad on 10.10.2008 at about 6.30 P.M. stating therein that his sister Vandana was married to Atul Kumar (A1), S/o Ram Naresh, R/o village-Roochan, Manikpur, P.S.-Nagla Khagar on 4.3.2003. However soon after the marriage, her husband Atul Kumar, her mother-in-law Smt. Asha (A2) and, Smt. Ramwati, her maternal grand mother (Nani of his husband, Atul Kumar), all residents of village-Roochan, Manikpur, P. S.-Nagla Khagar, started demanding motorcycle as additional dowry and on account of the non-fulfilment of the aforesaid demand she was subjected to torture and maltreatment by them and whenever his sister, Vandana used to visit her parental home, she used to narrate the incidents of her torture by her husband's relatives and although her parents tried to remonstrate with them, but there was no change in their attitude and the ill-treatment, which was being meted out by them to his sister, continued. In the meanwhile, his sister Vandana, about three years before the incident, gave birth to a female child and thereafter, there was further increase in her torture. He had gone to the matrimonial home of his sister one week before the incident and on meeting him, she told him that her mother-in-law and grand mother-in-law were suggesting that she should be killed and if any case was filed against them, they would contest the same by selling their agricultural land. On 2.10.2008 at about 8.00 A. M. one Uma Shankar, resident of the same village informed the informant on his mobile phone that his sister had been burnt by her matrimonial relatives on which he along with his neighbours rushed to the matrimonial home of his sister in village-Roochan Manikpur and on reaching there, he found his sister lying on the ground and groaning on account of severe burn injuries. She while groaning told him that her husband Atul, mother-in-law Smt. Asha and maternal grand mother of Atul, Smt. Ramveti had stopped giving her food for the last three days on account of non-fulfilment of the alleged demand of motorcycle and when she got ready to go to her parental home, all three of them sprinkled kerosene oil on her and set her ablaze. The informant took his sister from her matrimonial home to the District Hospital, Firozabad and got her admitted there for treatment of her burn injuries, where her injuries were examined by P.W. 11 Dr. V. P. Kaushik who after examining her injuries at 11.30 A.M., prepared injury report (Ext. Ka 12) and on the same day at about 4.20 P. M. her dying declaration (Ext. Ka 2) was recorded before P.W. 5 Sant Das Pawar, Naib Tehsildar, Firozabad. On the same day, i. e. 2.10.2008 considering the serious nature of the injuries received by Vandana, she was referred to Sri Ram Hospital, Agra, where she died on 8.10.2008. His sister's husband, Atul, mother-in-law Smt. Asha and Atul's maternal grand mother Ramveti, who resided in the neighbourhood burnt his sister Vandana on account of non-fulfilment of the alleged demand of motorcycle as additional dowry. After cremating her sister Vandana he had gone to the police station for lodging F. I. R. On the basis of the written report (Ext. Ka 1) of the incident given by him at P. S.-Nagla Khagar, district-Firozabad Case Crime No. 240 of 2008, under Sections-498A, 304B, 302/34 IPC and Section-4 of D.P. Act was registered against A1 Atul Kumar, A2 Smt. Asha and Smt. Ramveti, maternal grand mother of Atul and corresponding G. D. entry vide rapat No. 29, carbon copy whereof was brought on record and recorded as Ext. Ka 10 was prepared by P.W. 9 Constable Roop Singh. Information of the death of Smt. Vandana in Sri Ram Hospital, Agra was given at P. S.-Hari Parwat, Agra in the prescribed format No. 9A/2 which was recorded in G. D. vide rapat No. 10, at 6.30 Hrs. on 9.10.2008 and on the same day an application was received at P. S. Hari Parwat to the effect that Smt. Vandana who was admitted in Sri Ram Hospital, Agra on 2.10.2008 died during treatment on 8.10.2008 at 6.50 Hrs. and her dying declaration has been recorded and inquest proceedings on the dead body were to be conducted. On the basis of the aforesaid information P.W. 7 Dharmendra Singh, A. C. M.-III, Agra conducted the inquest on the dead body of Smt. Vandana on 9.10.2008 and prepared the inquest report and other related documents (Ext Ka 4 to Ext. Ka 7) and dispatched her dead body to mortuary for conducting post mortem. On the basis of the aforesaid information P.W. 7 Dharmendra Singh, A. C. M.-III, Agra conducted the inquest on the dead body of Smt. Vandana on 9.10.2008 and prepared the inquest report and other related documents (Ext Ka 4 to Ext. Ka 7) and dispatched her dead body to mortuary for conducting post mortem. The post mortem on the dead body of the deceased Vandana was conducted on 9.10.2008 at about 3.00 P. M. by P.W. 8 Dr. Satyendra Kumar at District Hospital, Agra who also prepared her post mortem report. Dr. Satyendra Kumar. The investigation of the case was entrusted to P.W. 10 Ram Mohan Singh who at the relevant point of time was posted as Circle Officer in Shikohabad, who reached the place of occurrence on 11.10.2008 and after inspecting the place of occurrence prepared site plan (Ext Ka 11) and after completing the investigation submitted charge-sheet (Ext. Ka 13) against the appellants before the C. J. M., Firozabad. Since the offences mentioned in the charge-sheet were triable exclusively by the Court of Sessions, the case was committed for trial to the court of the Sessions Judge, Firozabad where it was registered as S. T. No. S. T. No. 534 of 2009 from where it was made over for trial to the court of Additional Sessions Judge, Court No. 1, Firozabad, who on the basis of the material on record and after hearing the prosecution witnesses as well as the accused on the point of charge, framed charge under Sections-498A, 304 B IPC and Section-4 of D.P. Act. Alternative charge under Sections-302/34 IPC was also famed against them. The accused abjured the charge and claimed trial. 4. The prosecution in order to prove its case examined P.W. 1 Hari Om Sharma, brother of the deceased and P.W. 2 Ram Kanti, mother of the deceased and P.W. 3 Ram Prakash, father of the deceased, P.W. 4 Lajjawati and P.W. 7 Dharmendra, neighbour of the appellants as witnesses of fact while P.W. 6 Dr. Ajay Agarwal, Emergency Medical Officer of S. N. M. Hospital, Firozabad who had examined the injuries of the deceased on 2.10.2008 and prepared and proved her injury report as Ext. Ka 12. Ajay Agarwal, Emergency Medical Officer of S. N. M. Hospital, Firozabad who had examined the injuries of the deceased on 2.10.2008 and prepared and proved her injury report as Ext. Ka 12. P.W. 7 Dharmendra Singh, A. C. M.-III who had conducted the inquest on the dead body of Smt. Vandana and prepared and proved her inquest report and other related documents namely letter addressed to R. I., chalan lash, letter addressed to C. M. O. and photo lash as Exts. Ka 4, 5, 6 and 7 respectively and had thereafter dispatched the dead body of the deceased to the mortuary for conducting post mortem report, P.W. 8 Dr. Satyendra Kumar who had conducted the post mortem on the cadaver of Smt. Vandana and prepared and proved her post mortem report as Ext. Ka 8. P.W. 9 constable Roop Singh who had prepared and proved the check F. I. R. and the corresponding G. D. entry vide rapat no. 29 Ext. Ka 10, P.W. 10 Ram Mohan Singh, Dy. Superintendent of Police, Investigating Officer of this case, P.W. 11 Dr. V. P. Kaushik who had examined the injuries of the deceased on 2.10.2008 at about 11.30 A. M. in district hospital, Firozabad prepared and proved her injury report as Ext. Ka 12, P.W. 12 Sri Sundar Lal, the second I. O. of the case who had taken over investigation from P.W. 10 Ram Mohan Singh and had after completing the investigation submitted chargesheet against the accused, P.W. 5 Sant Das Pawar, Naib Tehsildar before whom dying declaration of the deceased was recorded on 2.10.2008 and P.W. 6 Dr. Ajay Agarwal who had certified that the deceased at the time of recording her dying declaration was in a fit mental fit condition and was able to speak were produced as formal witnesses. The accused in their statements recorded under Section 313 Cr. P. C. denied the prosecution case and alleged false implication and pleaded that the so-called dying declaration of the deceased was forged and fabricated by the police as Vandana after sustaining severe burn injuries was throughout un-conscious and was not in a position to talk. The defence also examined D. W. 1 Santosh Kumar and D. W. 2 Ashok Tiwari. P. C. denied the prosecution case and alleged false implication and pleaded that the so-called dying declaration of the deceased was forged and fabricated by the police as Vandana after sustaining severe burn injuries was throughout un-conscious and was not in a position to talk. The defence also examined D. W. 1 Santosh Kumar and D. W. 2 Ashok Tiwari. D. W. 1 Santosh Kumar who is the neighbour of the appellant, had deposed that he had rushed to the house of Ram Naresh on hearing noise on 2.10.2008 at about 8.00 A. M. and on reaching his house, he saw Vandana lying in a burnt condition in the courtyard of the house and was conscious and when he enquired from her about the cause of the burn injuries, she told him that her clothes had caught fire while cooking. D. W. 2 Ashok Tiwari another neighbour of the appellants also deposed in identical terms. 5. The Additional Sessions Judge, Court No. 1, Firozabad after considering the submissions advanced before him by learned counsel for the parties and after scrutinizing the evidence on record both oral as well as documentary while acquitting the appellants under Sections-304 B IPC, convicted them under Sections-498A, 302/34 IPC and under Section-4 of D.P. Act and awarded aforementioned punishments to them. 6. Hence, this appeal. 7. Learned counsel for the appellants has submitted that all the witnesses of fact produced by the prosecution to prove the charge framed against the appellants having failed to support the prosecution case and declared hostile, the conviction of the appellants recorded by the trial Judge under Sections-498A, 302/34 IPC and under Section-4 of D.P. Act solely on the basis of the alleged dying declaration made by the deceased before P.W. 5 Sant Das Pawar, Naib Tehsildar, which neither gives cogent description of the incident nor inspires any confidence and which has apparently been fabricated by the police with the solitary object of procuring conviction of the appellants is per se illegal. He next submitted that even if the contents of the dying declaration are taken on their face value and accepted to be true in their entirety, the same do not disclose that the act of the appellants which had caused the death of the deceased, was either premeditated or pre-planned or calculated to cause her death. He next submitted that even if the contents of the dying declaration are taken on their face value and accepted to be true in their entirety, the same do not disclose that the act of the appellants which had caused the death of the deceased, was either premeditated or pre-planned or calculated to cause her death. The contents of the dying declaration clearly suggest that there was an altercation between the deceased and her husband on one side and her mother-in-law on the other and in a sudden heat of moment, kerosene oil was poured upon her and she was set ablaze by them although the prosecution has not been able to adduce any evidence indicating the presence of kerosene oil either on her body or at the place of occurrence. The post crime conduct of the appellants which assumes utmost significance and which un-equivocally indicates that they did not intend to cause the death. There is un-rebutted evidence of the prosecution witnesses of fact that immediately after the incident, deceased’s husband and her other relatives had taken her to District Hospital, Firozabad where she was examined at 11.30 A. M. Since the doctor of District Hospital, Firozabad had referred her for further treatment to Sri Ram Hospital, Agra, her husband and other relatives had immediately taken her to get her admitted, where she remained under treatment for six days continuously and eventually died there on 8.10.2008 as a result of septicaemia caused due to ante mortem injuries. He also submitted that in case of worst scenario, if this Court comes to the conclusion that the appellants had caused the death of the deceased, in that case the offence if any, committed by them, as emerging from the material on record, does not travel beyond Section 304 I.P.C. In such contingency, the recorded conviction of the appellants under Section-302 I.P.C. deserves to be converted to Section 304 I.P.C. and sentence of life should be palliated to lesser period of imprisonment. 8. Sri Saghir Ahmand, learned A. G. A. appearing for the State has submitted that notwithstanding the fact that all the four witnesses of fact produced by the prosecution during the trial for proving the charge, having failed to support the prosecution case and declared hostile, it is established beyond all reasonable doubts from the dying declaration of the deceased Ext. Sri Saghir Ahmand, learned A. G. A. appearing for the State has submitted that notwithstanding the fact that all the four witnesses of fact produced by the prosecution during the trial for proving the charge, having failed to support the prosecution case and declared hostile, it is established beyond all reasonable doubts from the dying declaration of the deceased Ext. Ka 2 that the appellants had committed offence under Section 302 I.P.C. and their recorded conviction under Sections-498A, 302/34 I.P.C. and Section-4 of D.P. Act and sentence awarded to them, do not require any interference by this Court and this appeal lacks and is liable to be dismissed. 9. The two questions which arise for our consideration are whether the prosecution has been able to prove its case against the appellants beyond all reasonable doubts and in case the reply is in affirmative, whether the recorded conviction of the appellants is liable to be converted from Section-302 I.P.C. to one under Section-304 I.P.C. and sentence of life imprisonment is awarded to them is reduced to lesser period of imprisonment. 10. After going through the record, we find that marriage between Atul and deceased Vandana was solemnized on 4.3.2003. The deceased had sustained burn injuries in her matrimonial home on 2.2.2008 in the morning whereafter she was taken to the hospital and admitted to District Hospital, Firozabad by her husband and other relatives as deposed by P.W. 1, P.W. 2 and P.W. 3 where her injuries were examined by P.W. 11 Dr. V. P. Kaushik, who also prepared her injury report (Ext. Ka 12. She was treated in District Hospital on 2.10.2008 between 11.00 A. M. to 4.00 P. M. As deposed by P.W. 10 Sri Ram Mohan Singh, D. S. P., Faizabad, I. O. of this case in his cross examination that on the same day she was referred for specialized treatment to Sri Ram Hospital, Agra and her husband Atul and her other relatives took her to Agra and got her admitted in Sri Ram Hospital on the same day, where she remained under treatment till 8.2.2008 and died there at about 6.50 P. M. as a result of septicaemia caused due to ante mortem burn injuries as deposed by P.W. 8 Dr. Satyendra Kumar, Chief Medical Superintendent of District Hospital, Bijnor in his examination-in-chief. Satyendra Kumar, Chief Medical Superintendent of District Hospital, Bijnor in his examination-in-chief. P.W. 7 Dharmendra Singh, A. C. M.-III, Agra conducted inquest on the dead body of the deceased on 9.10.2008 and prepared the inquest report and other related documents in room no. 24 of the first floor of Dr. Sri Ram Hospital, Agra. The first information report of the incident was eventually lodged by P.W. 1 Hari Om Sharma at P. S.-Nagla Khangar, district-Firozabad at about 18.30 hrs. 11. Record further shows that the dying declaration of the deceased was recorded by P.W. 5 Sant Das Pawar, Naib Tehsildar, tehsil-Jasrana, district-Firozabad on 2.10.2008 itself at about 4.30 P. M. in District Hospital, Firozabad after P.W. 6 Dr. Ajai Agarwal had certified that she was in a fit mental condition to give her statement. The first information report of the incident which was lodged by the brother of the deceased P.W. 1 Hari Mohan Sharma on 10.10.2008 strangely does not find any mention therein about the dying declaration of the deceased although the first information report contains a recital that when P.W. 1 had received news about her being burnt, he had reached his sister’s matrimonial home, and she had told him that her husband, her mother-in-law and grand mother of her husband had set her ablaze after pouring kerosene oil on her on account of non-fulfilment of their demand of motorcycle as additional dowry. 12. The prosecution had examined as many as four witnesses of fact namely P.W. 1 Hari Mohan Sharma, P.W. 2 Ram Kanti, P.W. 3 Ram Prakash, brother, mother and father of the deceased and P.W. 4 Lajjawati, neighbour of her husband. However, all the witnesses of fact failed to support the prosecution case as spelt out in the F. I. R. In their examination-in-chief P.W. 1, P.W. 2 and P.W. 3 categorically deposed that the deceased was neither tortured nor maltreated by the appellants and family members nor they had demanded any dowry from her consistently. They further deposed that the deceased had never made any complaint against her husband and other relatives for non-fulfilment of demands for dowry and they had never gone to the matrimonial home of the deceased for remonstrating them for not torturing her for non-fulfilment of demands for dowry. They further deposed that the deceased had never made any complaint against her husband and other relatives for non-fulfilment of demands for dowry and they had never gone to the matrimonial home of the deceased for remonstrating them for not torturing her for non-fulfilment of demands for dowry. They had deposed that the deceased’s cloths caught fire while cooking and neither her husband nor his family members had set her ablaze. Similarly, P.W. 4 Lajjawati also in her examination-in-chief expressed her ignorance about the cause of deceased’s cloths having caught fire. All the witnesses of facts upon being confronted with their statements recorded under Section 161 Cr. P. C. during investigation in their cross examination by D. G. C. (Criminal), they denied that the I. O. recorded their statements during investigation. D. G. C. (Criminal) cross-examined P.W. 1 to P.W. 4 at great length. However, he failed to elicit anything from them, which could remotely support the prosecution case. Moreover strangely, the D. G. C. (Criminal) did not confront P.W. 10 Ram Mohan Singh, the I. O. of the case with the facts stated by P.W. 1 to P.W. 4 in their examination-in-chief in the cross examination done by D. G. C. (Criminal), as is evident from the statement of P.W. 10 Ram Mohan Singh, I. O. of the case. 13. Thus, the only evidence which is now left on record for maintaining the conviction of the appellants, is the dying declaration (Ext. Ka 2) of the deceased. 14. The dying declaration of the deceased was proved by P.W. 5 Sant Das Pawar, Naib Tehsildar who deposed before the trial court that on 21.10.2008 he was posted as Naib Tehsildar in Firozabad. On the same day, he received oral order from the Tehsildar, Friozabad to go to District Hospital and record dying declaration of the deceased who was admitted there in a burnt condition. He reached district hospital at about 4.00 P. M. and before recording the dying declaration of the deceased Vandana, wife of Atul Kumar, he had obtained a certificate from Dr. Ajai Agarwal to the effect that Smt. Vandana was in a fit mental condition to give her statement at the time of recording of the statement and she was in a position to speak and after recording her dying declaration, he had read over the same to her, whereafter she put her thumb impression on it. Ajai Agarwal to the effect that Smt. Vandana was in a fit mental condition to give her statement at the time of recording of the statement and she was in a position to speak and after recording her dying declaration, he had read over the same to her, whereafter she put her thumb impression on it. He also signed the same. He identified the thumb impression of deceased and proved the dying declaration, Ext. Ka 2. He further deposed that after the dying declaration of the deceased had been recorded, he had again obtained certificate from the doctor which is endorsed on the dying declaration itself. The doctor had endorsed the aforesaid certificate at about 4.00 P. M. 15. P.W. 6 Dr. Ajai Agarwal who had certified that the deceased was in a fit mental condition to give her statement, has deposed in his examination-in-chief that on 2.10.2008 he was posted as Emergency Medical Officer in burn ward of S. N. M., Hospital, Firozabad. On that day Smt. Vandana, aged about 21 years, wife of Atul Kumar was admitted to burn ward for treatment whose statement was recorded by Naib Tehsildar, Firozabad Sadar. He had examined Vandana at about 4.00 P. M. before recording of her dying declaration started, she was found fully conscious and in a fit condition to give her statement. He had asked her name and address from her and before recording of her statement could start, he had endorsed the certificate to that effect. He further deposed that during recording of her dying declaration Vandana had remained fully conscious and after her dying declaration had been recorded, he again certified on the dying declaration itself in his own writing and under his own signature that she was conscious. He proved both the certificates as Ext. Ka 2. Both the witnesses were cross examined by the defence counsel but nothing could be extracted from them, which may create a doubt about the genuineness of the dying declaration of the deceased. 16. It has been argued by learned counsel for the appellants that the certificate issued by P.W. 6 Dr. Ajai Agarwal was worthless in view of the fact that the deceased was not under his treatment. 16. It has been argued by learned counsel for the appellants that the certificate issued by P.W. 6 Dr. Ajai Agarwal was worthless in view of the fact that the deceased was not under his treatment. The certificate, if any, regarding her mental condition to give her statement could have been given only by the doctor who had examined her at the time of admission in the hospital and who was treating her and this having not been done, no legal sanctity could be attached to the genuineness of the dying declaration. He also argued that the fact that the prosecution claims that the dying declaration of the deceased was recorded on 2.10.2008, but no further action was taken in the matter against the appellants, as admittedly no F. I. R. was lodged against them after recording of the dying declaration and also the fact that the same did not find mention in the F.I.R., which was lodged after eight days after recording of the so-called dying declaration of the deceased by the deceased’s brother are two significant features, which make a very strong dent on its authenticity and genuineness. 17. Upon going through the evidence of P.W. 4 and P.W. 5 who are both government officers and against whom no malice has been suggested by the appellants, which would have bounded them to manufacture or fabricate a dying declaration with the object to implicate them in this case, it has come in the evidence of P.W. 4 that at the time when dying declaration of the deceased was being recorded, no family member of the deceased was present there. P.W. 6 Dr. Ajai Agarwal had clearly certified that the deceased before recording of her dying declaration was in a fit mental condition and fully conscious. 18. We have gone through their evidence on record and find that the dying declaration was made by the deceased voluntarily in a conscious state of mind without being influenced by anyone. 19. Learned counsel for the appellants failed to draw our attention, which may persuade us to take a contrary view from the contents of the dying declaration (Ext. Ka 2) of the deceased, it is fully established that the appellants had poured kerosene oil on the deceased, set her ablaze. 20. 19. Learned counsel for the appellants failed to draw our attention, which may persuade us to take a contrary view from the contents of the dying declaration (Ext. Ka 2) of the deceased, it is fully established that the appellants had poured kerosene oil on the deceased, set her ablaze. 20. However, the question which next arises is whether on the basis of the contents of the dying declaration of the deceased, the conviction of the appellants recorded by the trial court under Section 302 I.P.C. can be sustained. 21. We have very carefully gone through the dying declaration (Ext. Ka 2) of the deceased but we have not find anything in it which may indicate that the incident was either pre-planned or pre-meditated. The deceased in her dying declaration had not stated that she was set ablaze by any of the accused or both of them exhorted to finish her. On the other hand, it is explicit from the dying declaration of the deceased itself that on the date of incident there was an altercation between the deceased and her husband and mother-in-law, which was followed by unfortunate incident. However, in the present case the post crime conduct of the appellants assumes considerable significance. Had they set her ablaze with the intention of causing her death, they would not have rushed her to district hospital, Firozabad where she was brought for prompt treatment and as soon as the doctor treating her at district hospital, Firozabad referred her to Agra, the appellants without wasting any time, immediately rushed and got her admitted to Sri Ram Hospital, Agra where she died on 8.10.2008, Her post mortem report (Ext. Ka 8) indicates that her death was caused due to septicaemia as a result of ante mortem injuries. Moreover, none of the prosecution witnesses, as already noticed hereinabove, has supported the prosecution case. All the three witnesses of facts, who are brother, mother and father of the deceased had denied that the appellants had ever demanded any dowry from the deceased or she had been burnt by her husband and her mother-in-law. 22. Moreover, none of the prosecution witnesses, as already noticed hereinabove, has supported the prosecution case. All the three witnesses of facts, who are brother, mother and father of the deceased had denied that the appellants had ever demanded any dowry from the deceased or she had been burnt by her husband and her mother-in-law. 22. Thus upon a holistic view of the facts of the case and a careful evaluation of the evidence on record, we are of the view that the prosecution had fully succeeded in establishing that the appellants had set the deceased ablaze after pouring kerosene oil on her but the act was done in a heat of moment preceded by an altercation between the deceased, her husband and mother-in-law and the same was neither pre-planned nor pre-meditated and moreover from the post crime conduct of the appellants, it could reasonably be inferred that they had never intended to cause burn injuries to the deceased as the incident was not preplanned. Hence their conviction recorded by the trial court under Section-302/34 I. P.C. cannot be maintained and the ends of justice would be met if the conviction of the appellants is converted to one under Section-304 Part I I.P.C. and sentence of life is reduced to ten years R. I. 23. These are the reasons on account of which we had allowed this appeal.