LAJPAT RAI SEHGAL Vs. STATE

JUDGEMENT

(1.) The point in issue in this petition, pertains preeminentily to the interpretation of certain provisions of the Dowry Prohibition Act, 1961 and Sections 2(d) and (r) and 470(3) of the Code of Criminal Procedure.

(2.) . In brief, the facts are, that petitioner No. 1, Lajpat Rai Sehgal, married Prem Kumari on 3rd March, 1980. This was in consequence of the engagement which took place on 26th January, 1980. Prem Kumari's father, Mr. Vishan Dass Khanna. asserted that a list had been given to him on 25th January, 1980 by Lajpat Rai Sehgal and Nand Kishore Chopra, his brother-in- law, petitioner No. 2. The "shagun" was given in accordance with the list. Thereafter, on 27th January, 1980, certain dowry demands were made. He gave what he possibly could at the marriage, but obviously Lajpat Rai Sehgal's family was not satified. As such, they made a fresh demand on 4th March, 1980, the day after the marriage. Thereafter, repeated demands were made through Nand Kishore Chopra and his wife Kanta Chopra, petitioner No. 3, Lajpat Rai Sehgal's sister, for a transistor radio, a fan and furniture etc.

(3.) On 9th May, 1980 Prem Kumari died of burns. Her father lodged a first information report at police station Moti Nagar on 13th May, 1980. It was F.I.R. No. 364/80, under Section 306, Indian Penal Code. The case was investigated by the Criminal Investigation Department (Crimes), Delhi Police. Subsequently, it was transferred to the Central Bureau of Investigation; however; it was sent to the Criminal Investigation Department (Crimes). No challan under Section 306, Indian Penal Code, has been filed against the petitioners.