KISHORI LAL Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellants aggrieved by the judgment of conviction dated 24th Feb., 2000 convicting the appellants under Sections 498-A & 304-B of the Indian Penal Code (IPC) and order on sentence dated 7th March, 2000 vide which the sentence was passed to undergo rigorous imprisonment for a period of ten years each for the offence of dowry death of the victim and to pay a fine of Rs. 1,000.00 each for an offence of cruelty and in default of payment of fine, convicts were ordered to undergo rigorous imprisonment for four months each.

(2.) The factual matrix emerging from the record is that an FIR No. 509/1995, under Sections 498-A/304B of the Indian Penal Code was registered with Police Station Trilok Puri, on the basis of complaint lodged by the complainant Ishwar Singh. It was stated by him that marriage of appellant no. 2 Durga Dass was solemnized with her daughter Sangita on 8th April, 1995 and after marriage, she resided in her matrimonial home at Trilok Puri, Delhi. After about four months of marriage, on 24th Aug., 1995, Sangita poured kerosene oil on herself and set herself ablaze. She was taken to the Lok Nayak Jai Prakash Narayan Hospital where she was declared brought dead.

(3.) A report was lodged at the SDM, Shahdara by Mr.Ishwar Singh, father of the deceased Sangita to the effect that the husband and father-in-law of his daughter used to harass and beat her for the demand of dowry. It was further alleged in the report that as per the information received by him from his daughter, a scooter and cash to the tune of Rs. 20,000.00 were demanded by her husband Durga Dass and her father-in-law and that the same demand was made by her husband at the time he visited the complainant's house on 20th Aug., 1995 in order to take Sangita to her matrimonial home. Mr.Ishwar Singh further alleged that on 22nd Aug., 1995, Kishori Lal, father-in-law of his daughter, visited his house and raised the same demand of scooter and Rs. 20,000.00 in cash and when the complainant showed his inability to fulfil the demand of Kishori Lal, while leaving his house, he remarked that he would see them. Thus, on the report of the complainant Ishwar Singh, FIR was registered under Sections 498-A & 304B of the Penal Code against the husband and father-in-law of the deceased Sangita.