SHIV CHARAN & ANR Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellants Shiv Charan and Kuldeep challenged the impugned judgment dated 30th March, 2011 convicting them for the offences punishable under Sections 304B/498A read with Section 34 IPC in FIR No. 337/2009 registered at PS Dabri and the order on sentence dated 31st March, 2011 directing them to undergo rigorous imprisonment for a period of ten years for the offence punishable under Section 304B IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/-; in default to undergo simple imprisonment for a period of six months for the offence punishable under Section 498A IPC. Since appellant No.1 Shiv Charan has passed away, the appeal qua him stands abated and this Court is now concerned with the appeal qua appellant No. 2 Kuldeep only.

(2.) Briefly the prosecution case is that on 12th November, 2009, two DD entries were received. DD No. 13A received at 9:01 A.M. stated that a lady has committed suicide by burning herself at RZ-70, Gali No.8 and DD No. 14A received at 9:04 A.M. stated that a person was murdered at Durgapur, Gali No. 8, near Mark Land Colony Public School, Namirpur. The said DD entries were assigned to SI Suresh Chand, PW-14 who along with Ct Sanjay PW-13 went to the spot and found dead body of a lady in burnt condition in the kitchen. On inquiry he came to know that Machla Devi, the deceased was married three-four years ago to Kuldeep. PW-14 telephonically informed the Executive Magistrate about the incident. Crime Team was called at the spot and inspection was carried out. Photographs of the spot were taken. During inspection, one white colour plastic jar with kerosene oil smell was found between the legs of the dead body. Some burnt clothes of yellow and blue colour from which smell of kerosene was coming, one red colour lid of plastic jar, match box and broken bangles were also found. Dead body was sent to Mortuary, DDU Hospital and the parents of the deceased were informed. On 13th November, 2009 the parents of the deceased came to the police station and thereafter, PW-14 along with them reached the hospital where the Executive Magistrate recorded the statements of deceased's father Munna, PW-1 and brother Beer Singh PW-3.

(3.) Munna in his statement before PW-8 Sh. Krishan Kumar, Executive Magistrate stated that he married his daughter to Kuldeep on May, 2006. On 12th November, 2009 around 8:00 A.M., one Om Prakash, who arranged the marriage of his daughter, informed that the deceased had died of burning. He suspected that his daughter was killed by Kuldeep. He further stated that after the marriage, his daughter was harassed and beaten for dowry. Four days before the death, the deceased telephonically informed him that Kuldeep used to beat her and make demand for computer. He also suspected that the deceased had not committed suicide but she was burnt and killed/murdered. He suspected that the parents of Kuldeep could also be involved because they also used to harass her for dowry. On the basis of the statement of Munna, FIR No. 337/2009 was registered under Sections 498A/304B IPC.