DHANI RAM AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants challenge, through the appeal at hand, their conviction and order on sentence on the charge for offences of cruelty meted out to, and dowry death of, Har Pyari (wife of the first appellant) in the matrimonial home on 11.03.1995, primarily on the basis of findings returned accepting the testimony of the father and brother of the victim.

(2.) Har Pyari, daughter of Ramji Lal (PW-4) was married to Dhani Ram (the first appellant) on 26.05.1991. On 11.03.1995, she received burn injuries in her matrimonial home in Kamal Vihar, Kamalpur, Burari, Delhi within the jurisdiction of police station Timarpur ( "the police station"), sometime around 3:30 PM. She was brought to Jai Prakash Narayan Hospital ("the hospital") at 5:00 PM by an official of Police Control Room (PCR). She died at 7:05 PM on the same day due to burn injuries, stated to be 100% all over the body. On the basis of statement (Ex.PW-4/B) of her father (PW-4), given on 24.04.1995, before Mr.Vijay Kumar (PW-7), the Sub-Divisional Magistrate (SDM), the FIR (No. 150/1995) was registered in the police station at 6:10 PM on 26.04.1995, pursuant to endorsement (Ex.PW-9/A) by Inspector K.S.Bhatnagar (PW-9), the SHO. The case was investigated from the perspective of offences punishable under Sections 498-A, 304-B and 34 of Indian Penal Code, 1860 (IPC). On conclusion of investigation, the report under Section 173 of Code of Criminal Procedure (Cr.P.C.) was submitted on 12.0.1995 seeking trial of Dhani Ram (the first appellant) and four members of his family including his mother Sukko (the third appellant), two brothers Gulab and Sita Ram (second and fourth appellant) and Draupadi (the fifth appellant) wife of Sita Ram.

(3.) The appellants were brought to trial in the court of Additional Sessions Judge (ASJ) in sessions case number 121/1997 which concluded with judgment dated 01.03.2000 holding all of them guilty on the charge for offences punishable under Sections 304-B and 498-A IPC. By order dated 09.03.2000, the trial court awarded imprisonment for life with fine of Rs. 20,000/- each for the offence under Section 304-B and rigorous imprisonment for three years with fine of Rs. 10,000/- each for offence under Section 498-A IPC. The order directed that in default of payment of fine, the appellants would have to further undergo simple imprisonment for two years and nine months respectively on each count. The benefit of set of under Section 428 Cr.P.C. was granted.