STATE Vs. SOHAN LAL

JUDGEMENT

(1.) The State seeks leave to file an appeal against the judgment dated 17.02.2010 passed by the learned sessions Judge, New Delhi, whereby the respondents were acquitted of the charges under Sections 498A/304B read with Section 34 Indian Penal Code (IPC). Poonam (the deceased) daughter of Hukam Singh (PW-6) got married to respondent Dhanvir on 25.04.2002. She sustained burn injuries in her matrimonial home on 16.03.2003 i.e. within one year of her marriage. DD No.9 was recorded at police post IGNOU police station Mehrauli, Delhi at 1:00 PM that wife of Dhanvir son of Sohan Lal had committed suicide in her House No.238, Harijan Basti, Maidangarhi. SHO and other police officials reached the spot. Crime team was called and scene of the incident was got photographed. A plastic can/container without lid was found present at the spot apart from one half burnt match stick and one half burnt match box. Dead body of Poonam was removed to AIIMS for conducting post mortem examination. Dr.Lt.Col.Abhijit Rudra (PW-17) performed autopsy and gave his report Ex.PW-17/A and found 100% burns on the body. The cause of death was opined to be ante mortem burns.

(2.) The SDM was informed and PW-6 Hukam Singh made statement Ex.PW- 6/A to the SDM on the basis of which this case was registered. PW-6 disclosed to the SDM that the deceased was married to Dhanvir 10 months before the incident. At the time of marriage there was no demand of dowry from the in-laws of Poonam. On the occasion of Bidai father-inlaw of Poonam demanded a gold ring and a chain. PW-6 could not satisfy the demand at that time but when Poonam visited her parents next time the demand was satisfied. According to PW-6 the in-laws of Poonam were still harassing her in spite of the demand being met. Poonam was being harassed and beaten for demand of dowry apart from her husband Dhanvir by her father-in-law Sohan Lal, mother-in-law Chandri, elder brothers of the husband, Shyam Sunder, Gian Singh and younger brother Raju.

(3.) PW-6 further informed the SDM that Poonam made a complaint to him several times. PW-6 also took 4/5 respectable persons of the village to the house of Poonam s in-laws to make them understand but they did not mend their ways. PW-6 managed to pay a sum of 40,000/- to the inlaws of Poonam after obtaining a loan thereof. Even thereafter husband of Poonam demanded a Maruti car which demand he was unable to meet. Poonam informed him on telephone that her in-laws were harassing her too much in connection with the dowry demands. PW-6 sent his son Jawahar Singh to bring Poonam home. After some time a telephonic information was received from some person that Poonam had died on account of burn injuries. He (PW-6) reached Maidangarhi, at the house of the in-laws of Poonam, and came to know that the dead body had been taken to AIIMS. PW-6 further told SDM that his daughter had been burnt to death and harassed by her in-laws. He, therefore, sought necessary action against them.