AJAY PAL Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 12.01.2000 convicting the appellants, namely, Ajay Pal, Yashoda and Deepa finding them guilty under Sections 498-A/304B Penal Code and order on sentence dated 14.01.2000 vide which the appellants were sentenced to undergo seven years rigorous imprisonment for the offence under Sec. 304B Penal Code and also to undergo three years rigorous imprisonment with fine of Rs.1,500.00 each for the offence under Sec. 498A IPC, in default of payment of fine they were ordered to further undergo simple imprisonment for two months, the present appeal has been preferred.

(2.) The factual matrix emerging from the record is that the deceased Vineeta was married with accused Ajay Pal on 16.06.1995 and after marriage she began staying in her matrimonial home. On 25.06.1996 a wireless message was received that a lady had been killed at D-Block, Rama Virhar, 15/3 Main Karala Road by a gunshot injury on the basis of which DD no. 19-A was recorded and investigation handed over to ASI Dharam Singh, who along with Constable Raj Pal reached the said spot. At the spot, dead body was found with a gunshot injury and a double barrel gun was found lying on a white bed sheet with blood stains on it and spread across the cot. SDM Shri K.K. Dahiya was informed about incident who ordered to get the dead body preserved in the Mortuary. Crime team and fingers print expert were summoned on the spot. The father, uncle and brother of deceased came to the police station and were produced before the SDM who recorded the statement of the father of the deceased. The dead body of the deceased was also identified by the father of the deceased. Thereafter, on the statement of the complainant (father of deceased) FIR was recorded and SDM conducted subsequent inquest proceedings.

(3.) In his statement, the complainant, namely, Naresh Pal, father of the deceased stated that his daughter Vineeta was married to Ajay Pal on 16.06.1995 and for the purpose of marriage, inlaws of Vineeta (deceased) had demanded a motorcycle and Rs. 20,000.00 cash, of which cash of Rs. 20,000.00 was given by Naresh Pal but not the motorcycle. After 2-3 months of marriage, the complainant went to meet his daughter, who informed him that her in-laws were harassing her with demand of dowry, specifically asking for a motorcycle. She further informed him that her mother-in-law Yashoda, sisters-in-law Deepa and Pooja, and her husband would often beat her for her inability to bring in sufficient dowry. On 26.06.1996, the complainant was informed that his daughter had died due to a gunshot injury.