NARESH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 23.2.1998 passed by the Additional Sessions Judge, Roorkee in Sessions Trial No. 188 of 1995, State v. Naresh & Ors., whereby each of the accused appellants, viz., Naresh, Kalwa, Smt. Bimla, Suresh and Smt. Sommi have been convicted under Section 498-A, 304-B and 201 of Indian Penal Code, 1860 (for short, IPC) and each of them has been sentenced to R.I. for 3 years along with fine of Rs. 500/- each u/s 498A IPC, in default to undergo two months additional R.I., 10 years R.I. u/s 304-B IPC and 2 years R.I. along with fine of Rs. 500/- each, in default to undergo two months additional R.I. u/s 201 IPC. All the sentences have been directed to run concurrently. However, co-accused Rupa died during the period of trial and hence, trial against her was abated by the trial court vide order dated 22.1.1998.

(2.) The prosecution case, in brief, is that PW1 Rampal lodged an FIR in PS Bhagwanpur on 30.1.1995 at 4.10 pm with the averments that his daughter Mamtesh (now deceased) was married with Naresh on 20.5.1994 as per Hindu rites. In the marriage he has spent Rs. 50,000/-. After some days, in-laws of Mamtesh have started to demand cash money in dowry and have also started to harass Mamtesh physically and mentally and have also started to beat her. This fact was disclosed by Mamtesh to him when she has come to his house. The complainant and his other family members have tried to convince her in-laws that complainant is a poor man and he is unable to pay the cash money. After some days on 23.1.1995 appellant accused Naresh has come to his house and demanded Rs. 15,000/- in dowry. He has stated that he is unable to pay the amount. Next day morning on 24.1.1995, maternal grandmother (nani) of Naresh has come along with his daughter Mamtesh in his house and she has also demanded Rs. 15,000/- in dowry and Mamtesh has also told him in weeping condition that her husband Naresh, father-in-law Kalwa, brother-in-law Suresh, grandfather Rupa, mother-in-law Bimla and maternal grandmother (nani) have threatened her to kill her and also tortured her physically and mentally and maternal grandmother (nani) has come along with her for the money. After hearing the cries of his daughter, the neighbourers, namely, Buchha S/o Baru, Babu (PW3), Piru and Buchha S/o Govind etc. have come there and convinced them and thereafter on 25.1.1995 Naresh and Smt. Sommi, maternal grandmother of Naresh have taken Mamtesh along with them. On 28.1.1995 in the evening Rupa, the grandfather of Naresh has come to his village and has told him that his daughter is seriously ill and asked him to go with them. At that time, he has gone along with co-accused Rupa (trial against whom was abated by the trial court) and reached in his village Choli at about 8 pm. Then he has tried to meet his daughter but the in-laws of his daughter has not given him any information. Some people of the village have informed him that his daughter was murdered on 27.1.1995 and was cremated on the same night. He has further stated that appellants accused have not given information of death of his daughter to him and due to non-fulfillment of demand of dowry his daughter was murdered by the appellants accused.

(3.) With the aforesaid averments, FIR Ex. Ka-1 was lodged, on the basis of which chick FIR Ex. Ka-2 was prepared by Constable Clerk Jaiprakash, who also made the necessary entry in the GD. Copy of GD is Ex. Ka-3. Investigation of this case initially done by PW5 SI Atar Singh Rathi, who during the course of investigation inspected the place of occurrence and prepared the site plan Ex. Ka-4 where the deceased was living at the time of her death along with the appellants accused. He has also taken the ashes from the cremation yard where Mamtesh was cremated and prepared fard Ex. Ka-5. The I.O. also prepared the map of cremation yard where Mamtesh was cremated, that is Ex. Ka-6. Thereafter the investigation was transferred to PW4 Arvind Sen, Circle Officer, Roorkee, who recorded the statements of the witnesses and after completing the investigation, filed a chargesheet Ex. Ka-7 against the accused appellants and co-accused Rupa (trail against whom was abated by the trial court).