PAWAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused-Pawan Lal alongwith his brother-Madan Lal and other co-accused Smt. Brahaspati Devi and Smt. Vijai Laxmi Devi stood trial for the offence punishable under Section 304-B of the Indian Penal Code, 1860 (for short IPC). However, the trial court acquitted accused Madan Lal, Smt. Brahaspati Devi and Smt. Vijay Laxmi Devi of the charges levelled against them and convicted accused-Pawan Lal husband of Darshani Devi (deceased) under Section 304-B of the I.P.C. in Sessions Trial No. 25 of 1997 vide judgment and order dated 02.09.1998 and sentenced him to undergo life imprisonment.

(2.) The criminal law was set in motion on an application-dated 28.07.1996 (Ex. Ka-1) moved by complainant-Pushpa Nand, father of Darshani Devi (deceased). According to complainant, his daughter Darshani Devi (deceased) was married with accused-Pawan Lal about one and a half years prior to the occurrence i.e. up to 27th July 1996. An information was received by complainant-

(3.) On 29th July 1996, complainant-Pushpa Nand moved another application (Ex. Ka-2) before Station House Officer, Chamba stating therein that he had already given the information with regard to death of his daughter under suspicious circumstances, however, while the police was preparing the inquest memo on 29th July 1996, he noticed certain contusions and abrasions on the neck of Darshani Devi (deceased). He was, therefore, confident that his daughter Darshani Devi had been murdered by her husband-Pawna Lal by throattling. On the basis of said application, Chick report (Ex. Ka-4) was registered against the accused under Section 302 of the I.P.C. The investigation was undertaken by Station House Officer Mr. P.S. Bhandari, (PW-6). He recorded the statement of complainant-Pushpa Nand and family members of accused-Pawan Lal and other witnesses under Section 161 Cr.P.C. He prepared site plan (Ex. Ka-6) on the pointing out of accused-Smt. Vijay Laxmi. On 31st July 1996, he recorded the statement of Smt. Sumitra Devi (PW-2), who stated that there was demand of dowry and Darshani Devi (deceased) was subjected to cruelty by accused-Pawan Lal. The case was therefore, converted under Section 304-B of the I.P.C. The investigation was handed over to Mr. R.P. Yadav, Dy. S.P., who recorded the statements of Hira Lal, Indra Datt, Daya Nand, Pushpa Nand and Sumitra Devi on 10th August 1996.