LAWS(UTN)-2010-5-126

ISAM SINGH AND TWO ORS. Vs. STATE

Decided On May 19, 2010
Isam Singh And Two Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal under Sec. 374, Code Criminal Procedure arises out against the judgment and order dated 6.8.1997, passed by District and Sessions judge, Haridwar, in S.T. No. 9/1993, State Vs. Isant Singh and Two Others, whereby accused/ appellants Isam Singh, Harpal and Harnand were convicted for an offence under Sec. 304B, I.P.C. and Sections 3/4, Dowry Prohibition Act and each of them were sentenced to undergo Life Imprisonment under Sec. 304B, I.P.C. and two years R.I. under Sections 3/4 Dowry Prohibition Act.

(2.) Brief facts of the prosecution case, are that on 11.8.1992 at about 9.20 p.m. Atar Singh lodged a written report at Police Out Post, Buggawala, P.S. Ranipur, with the allegations that his daughter Rani Devi was married with Isam Singh two years back in accordance with Hindu rites. The complainant had given dowry in the marriage of his daughter but husband Isam Singh, Jeth Harpal and father-in-law Harnand were not satisfied with it, hence they started i11-treating the bride in lieu of dowry. They often made their unlawful demand of dowry. It is further mentioned in the F.I.R. that after about 1/ years of marriage, these persons came to the house of complainant along with the bride and told him that T.V. and sewing machine are not given in dowry and if these a reticle are not given, they will not keep his daughter at their house. When the demand of dowry was made, Chandra Veer S/o Chait Ram and Om Pal S/o Molhu Singh of the village were also sitting at the house of the complainant. The complainant showed his inability and they left the house of the complainant. Prior to 20-25 days of the incident the husband, father-in-law and Jeth of the bride Smt. Rani Devi also reached at the house of the complainant along with their relatives and tendered their apology. Thereafter the complainant sent his daughter to her in-laws' house along with her husband, father-in-law and Jeth. On 9.8.1992 in the night the complainant received information about the death of his daughter. At this in the next morning village Pradhan Chait Ram, and other villagers, Nathi Ram, Sant Ram, Ailem Chand, etc. went to Buggawala and saw that the dead body of the deceased was being carried for post-mortem by the police. These persons also accompanied the dead body upto the Hospital and after performing the post-mortem they cremated the dead body. The complainant also alleged that his daughter was killed by Isam Singh, Harpal and Harnand by administering her some poisonous substance.

(3.) On the basis of written report, Ext. Ka. 1, chick F.I.R. Ext. Ka. 7 was prepared at the Police Out Post, Buggawala and a case crime No. 24/1992, under Sections 304B, I.P.C. and 3/4, Dowry Prohibition Act was registered against the accused Isham Singh, Harpal and Harnand at report No. 20 at 21.20 hours on 11.8.1992, carbon copy of which is Ext. Ka. 8. The police conducted inquest on the dead body and prepared inquest report, Ext. Ka. 3. Thereafter the police prepared Challan Laas, Ext. Ka. 4, Photo Laas, Ext. Ka. 5, letter to C.M.O., Ext. Ka. 6 and sent the dead body for post-mortem.