ISHWAR SINGH Vs. STATE

JUDGEMENT

(1.) MANGE Ram's daughter Sneh Lata was married to Rajbir on April 28, 1986. On the same day, Kusum Lata daughter of Suraj Bhan who is the brother of Mange Ram, was married to Rajbir's younger brother Mahavir. Ishwar Singh and Kasturi Devi are the father and mother respectively of Rajbir and Mahavir. Shakuntala is their daughter. Sneh Lata was found dead in her matrimonial house on May 10, 1987. As per the post -mortem report Ex.PW -15/A, the post -mortem examination of Sneh Lata's dead body was commenced at 3:30 PM on May 11, 1987 by Dr.L.T.Ramani (PW -15) who opined that cause of death was asphyxia resulting from strangulation. A chunni which was tied around the neck of Sneh Lata when her dead body was recovered was the object used to strangulate her. The ligature marks on the neck being horizontally placed around the middle of the neck with pressure abrasion marks at places, conclusively established that the death was homicidal. It was opined that the death took place two days prior to the day when the post -mortem was conducted. This means that as per the postmortem report, Sneh Lata died on May 09, 1987. Sneh Lata's husband Rajbir was found absconding. Her father -in -law Ishwar Singh surrendered before the learned Metropolitan Magistrate the day Sneh Lata's post -mortem was conducted i.e. May 11, 1987. He was arrested. So was his wife Kasturi and their son Mahavir as also their daughter Shakuntala. Rajbir was declared a proclaimed offender and a charge -sheet was filed against Ishwar Singh, Kasturi, their son Mahavir and their daughter Shakuntala for having harassed Sneh Lata with a view to coerce her or her parents to meet an unlawful demand for dowry as also for having murdered Sneh Lata. Accordingly, committed to trial, vide order dated October 16, 1987, charges were framed against Ishwar Singh, Kasturi, Mahavir and Shakuntala for the offence punishable under Section 498A IPC and for an offence punishable under Section 302 IPC. Prosecution started examining its witnesses.

(2.) RAJBIR was apprehended on June 11, 1992 when trial against Ishwar Singh, Kasturi, Mahavir and Shakuntala was on. He was committed to face trial along with his parents and siblings. On September 22, 1992 charge was framed against him for having committed an offence punishable under Section 498A IPC and also for having committed an offence punishable under Section 302 IPC. Witnesses who had already deposed till then were recalled and Rajbir was given an opportunity to cross -examine the witnesses. 20 witnesses were examined by the prosecution and since some of them, when recalled for cross -examination were given a second number, we find a reference to 34 prosecution witnesses.

(3.) PROSECUTION closed its evidence on September 13, 1996. It dawned on the prosecution that there was no evidence that the five accused were present in the house on the day when Sneh Lata died as per the post -mortem report i.e. May 09, 1987. An application was filed to amend the charge, and we highlight not to frame an additional or an alternative charge. It was prayed that the five accused be charged for the offence punishable under Section 498A IPC and additionally for the offence punishable under Section 304B IPC. After hearing arguments the application was allowed vide order dated March 06, 1997. A fresh charge was drawn up. The first was that the accused had subjected Sneh Lata to cruelty, an offence punishable under Section 498A IPC. The second charge was that they had caused dowry death of Sneh Lata, an offence punishable under Section 304B IPC.