RAM KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal, pre­ferred under section 374, Cr.P.C., is di­rected against the judgment and order dated 25.2.1997 passed by Ilnd Additional District & Sessions Judge, Haridwar in S.T. No. 140/96 thereby convicting the appel­lant under section 304-B, I.P.C. for life im­prisonment and under section 498-A, I.P.C. for three years' rigorous imprisonment.

(2.) PROSECUTION story, in brief, is that deceased Kaushalya Devi got married to the accused Ram Kumar, according to Hindu rites and rituals, on 22.6.1990. Kalka Prasad (PW-1), father of the deceased Kaushalya Devi, is the complainant. The prosecution case is that the deceased was ill treated for non-fulfillment of demand of dowry before her death. According to the prosecution, accused Ram Kumar de­manded Motorcycle in the marriage, but the same could not be fulfilled by Kalka Prasad, father of the deceased. On account of the same accused Ram Kumar used to make demand of motorcycle continuously and used to threat deceased Kaushalya Devi to kill her in case of non-fulfillment of his demand. The deceased Kaushalya Devi was harassed by her in-laws also. It has been alleged that Kaushalya Devi had come in her parents house before her death on the occasion of 'Raksha Bandhan' and when deceased Ram Kumar and his father Ram Sahai had come to take the deceased, then they also demanded the motorcycle and a sum of Rs. 20,000/- and they also threatened the complainant that in case of non-fulfillment of their demand they would Kill Kaushalya Devi. At this Kalka Prasad said that he would give the said amount by selling his land. Thereafter, Kaushalya Devi used to live with her hus­band Ram Kumar in Haridwar. On 22.9.1995, Kaushalya Devi was admitted in hospital by accused Ram Kumar in 100% burn condition and on the same day at 9.30 p.m. Kaushalya Devi died in the hospital. The funeral of the deceased was conducted by Ram Kumar and thereafter he sent the telegram to the father of the deceased about the burning and death of his daughter Kaushalya Devi. After some days Kalka Prasad along with Surjeet Singh came to Haridwar. Kalka Prasad fell ill on account of death of her daughter and returned back to Jhansi, where he lodged a complaint to the S.P. Jhansi, which was sent to Haridwar vide Ext .Ka. 1.

(3.) THE learned Magistrate on receipt of the charge sheet after giving necessary copies to the accused as required under section 207 of Cr.P.C. appears to have committed the case to the court of Sessions for trial on 15.4.1996. The learned Sessions Judge after hearing the parties framed charge of offence punishable under sec­tions 304-B and 498-A, I.P.C. against the appellant/accused Ram Kumar. However, accused Ram Sahai was acquitted of the charge levelled against him for want of evidence. The accused Ram Kumar pleaded not guilty and claimed to be tried.