MANOHAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26th March, 2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.529-SB of 1994. By the impugned judgment the High Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 304B IPC for which he stands sentenced to undergo RI for seven years.

(2.) The case of the prosecution is that Phullan @ Darshana, (deceased) was married to the accused-Manohar Lal about 5 years prior to her death which took place on 27th August, 1991. She was subjected to harassment for dowry and finally she died on account of burn injuries. Raj Rani (PW-1), mother of the deceased on learning about the incident, went to Civil Hospital and found the victim dead. Thereafter she made statement (Exh.PD) before the Police at 12.05 P.M. on 28th August, 1991, on the basis of which FIR was registered. Apart from the appellant, his brothers Krishan Lal, Harbans Lal, his father Gopal Dass, mother Shanti and wife of the brother Smt. Champa were also made accused.

(3.) The prosecution examined altogether nine witnesses and placed on record the documentary evidence. Defence also produced Ram Prakash as defence witness. The Trial Court after hearing the parties and on appreciation of evidence by the judgment dated 25th August, 1994 convicted the appellant for the offence punishable under Section 304B IPC and sentenced him to undergo RI for seven years. The rest of the accused i.e. his brothers Krishan Lal, Harbans Lal, his father Gopal Dass, mother Shanti and wife of the brother Smt. Champa were acquitted by the Trial Court on the ground that they were all residing separately at a far place from the place of occurrence where deceased was living with the appellant.