STATE OF DELHI Vs. DAL CHAND

JUDGEMENT

(1.) THE respondents/accused were charged with offences under Sections 498-A/304b read with Section 34 of the IPC for causing dowry death of the deceased, Hemlata, but the trial resulted in a judgement of acquittal dated 8. 2. 1996. The State aggrieved by the said order of acquittal preferred the present appeal.

(2.) THE case of the prosecution is that on 20. 7. 1992 at about 9:00 a. m. , head Constable Amar Singh No. 55 PCR conveyed a message on wireless to the police Station Dabri that one lady has set herself and a girl aged 2 1/2 years on fire at RZ-A-23, West sagarpur and that the lady has expired and PCR van was removing her to the hospital. The information was duly recorded in the daily diary registered at entry No. 10a and the copy of the DD report was entrusted to S. I. Mukhtiar singh, PW-16, for verification. S. I. Mukhtiar Singh, PW-16, and Constable laxman Prasad, PW-11, reached the spot and found the dead body of Hemlata, the deceased wife, in the burnt condition on the first floor of the house. The police was also informed that the child Karuna had been removed to Safdarjung hospital by Head Constable Amar Singh, PW-10, but had also expired. The statement of the father of the deceased (Exhibit PW-1/a), Govardhan Lal, PW-1, was recorded by the SDM, H. C. Gaur, PW-12. In terms of the said statement the deceased was married to Dal Chand on 16. 5. 1989. There was no demand of dowry at the time of marriage but subsequently after a period of six (6) months dowry demand is stated to have been made on the deceased and harassment caused to her. The deceased had even come back to her father's place about 6 to 7 months back but thereafter went back to the matrimonial home on assurance by respectable neighbours. PW-1 received information that his daughter had died at about 1/1:30 p. m. on 20. 7. 1992.

(3.) THE statement of Govardhan Lal (Exhibit PW-1/a) was sent to the police station with the endorsement of the Investigating Officer and formal F. I. R. (Exhibit PW-3/b) was registered.