MAHESH KUMAR Vs. STATE

JUDGEMENT

(1.) THE Appellants, who are the husband, mother-in-law and father-in-law of the deceased Ritu, lay a challenge to the judgment dated 4th April, 2003 whereby they have been convicted for offences under Sections 498A/304B IPC and the order on sentence dated 4th April, 2003 directing them to undergo Rigorous Imprisonment for seven years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to undergo Simple Imprisonment for a period of 15 days under Section 304B IPC. For offence under Section 498A IPC they have been directed to undergo Rigorous Imprisonment for three years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to undergo Simple Imprisonment for a period of 15 days.

(2.) LEARNED counsel for the Appellants contends that the FIR was registered belatedly. On the date of incident, that is, 26th September, 1998 statements of brother, father and mother of the deceased were recorded by the SDM vide Ex. PW1/DA, PW2/DB and PW2/DA wherein they stated that they had no grievance against the Appellants or his family members. However, as an after thought on 2nd October, 1998 on the statement of the mother of the deceased FIR No. 783/1998 was registered against the Appellants and their family members. On the same set of evidence the other family members have been acquitted, however, the Appellants have been convicted. PW1, Mahesh Chand, the brother of the deceased stated before the Court that there was no demand for 1 1/2 months after marriage. PW2 Ram Dass, the father of the deceased also did not level any allegation of harassment in relation to the demand of dowry soon before death. The learned Trial Court relied upon the hearsay evidence as dying declaration. Relying upon Gananath Pattnaik vs. State of Orissa, 2002 (1) JCC 430 SC and Goverdhan vs. State of Madhya Pradesh, 2007 (3) Crimes 246 it is stated that these hearsay evidences cannot be used for convicting the Appellants. Conviction is based on the assumption that normally demands are by husband and in laws and not by other members of the family. Thus the learned Trial Court wrongly convicted the Appellants.

(3.) I have heard learned counsel for the parties.