JASWANT KAUR Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out against the same judgment and order dated 7.9.1999, passed by Special Judge (C.B.I.)/Additional Sessions Judge, Nainital in Sessions Trial No. 238 of 1997, hence they are being decided by this common judgment.

(2.) By the impugned judgment and order the learned Special Judge (CBI)/Additional Sessions Judge, convicted both the accused/appellants Smt. Jaswant Kaur and Rajendra Singh Gulati for an offence U/Ss 304.B and 498.A I.P.C. and both of them were sentenced to undergo life imprisonment U/S 304.B I.P.C. and three years R.I. and a fine of Rs. 1000/. each U/S 498.A I.P.C. and in default of payment of fine they were to further undergo three months S.I. However, the sentences were to run concurrently.

(3.) Brief facts giving rise to these appeals, are that, on 15.11.1994 Preetam Lal Kukreja filed a complaint before District Magistrate, Nainital with the allegations that his daughter Renu Bala aged about 20 years was married with Rajendra Singh Gulati on 11.3.1993. After marriage, Rajendra Singh, husband of Renu Bala and his mother Smt. Jaswant Kaur, started cruel behaviour with Smt. Renu Bala. They also made unlawful demand of cash and other articles in dowry. The further allegation of the complainant is that the accused persons were making demand of scooter and fridge. According to the complainant his daughter also gave birth to a female child Km. Geetika, who is 8 months old. When the unlawful dowry demand of Rajendra Singh and his mother Smt. Jaswant Kaur was not fulfilled, they on 8.11.1994 at about 2 p.m. administered poison to Smt. Renu Bala, due to which she was admitted in B.D. Pandey Hospital Nainital in serious condition, where she died on 9.11.1994. The complainant received information of the incident on telephone. On 9.11.1994, at about 9.00p.m., he reached Ramgarh and thereafter he went at Patwari Circle Ramgarh to lodge the report, but the Patwari refused to lodge his report, hence he sent the written report, Ext. Ka.1, to the District Magistrate. On the above written complaint, S.D.M. Nainital directed Naib Tehsildar to register the case and investigate. The Naib Tehsilar Nainital, on the basis of the written report, prepared chick F.I.R. Ext. Ka.3, and registered a case crime No. 7/1994, U/Ss 304.B and 498.A I.P.C. against the accused persons, vide G.D. No. 56 dated 17.11.1994, the copy of the G.D. is Ext. Ka.4.