SEWA RAM AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 26.11.1997 passed by the Ist Additional Sessions Judge, Haridwar in Sessions Trial No. 71 of 1994, State of U.P. v. Sewa Ram and Ors., whereby accused appellants Sewa Ram and Ranvir have been convicted under Section 323/34 of Indian Penal Code, 1860 (for short, IPC) and Anr. accused appellant Pala has been convicted under Section 324/34 IPC. Accused appellant Sewa Ram has also been convicted under Section 498A IPC and Section 4 of Dowry Prohibition Act, 1961 (for short, the Act). For the offence punishable under Section 498A IPC and Section 4 of the Act, accused appellant Sewa Ram has been sentenced to undergo one years ' RI along with a fine of Rs. 1000/ - in each of the abovesaid offences and in default of payment, he was directed to undergo additional RI of six months each in the abovesaid offences. Sewa Ram has also been sentenced to undergo RI of six months under Section 323/34 IPC. The substantive sentences and sentence awarded in default of payment in respect of accused appellant Sewa Ram were directed to run separately. Accused appellant Ranvir has been sentenced to undergo RI of six months under Section 323/34 IPC and accused appellant Pala has been sentenced to undergo RI of one year under Section 323/34 IPC.

(2.) THE prosecution case, in brief, is that PW2 Hari Ram lodged an FIR Ex. Ka -3 with PS Pathri on 31.8.1992 at 12.10 pm with the averments that three years ago, his daughter Smt. Poonam (PW1) was married to accused appellant Sewa Ram, who was an employee of BHEL, Haridwar and was having his house at Arya Nagar, Jwalapur. In the marriage, he according to his status gave articles and cash worth Rs. 55,000/ - in dowry. But immediately after the marriage Sewa Ram and his brothers Ranvir and Pala started pressurizing and harassing his daughter for more dowry. He received a dusti letter Ex. Ka -1 from his daughter upon which he went to village Chandpur and after taking the Pradhan of that village, he met Sewa Ram at his house and tried to comprehend him and also gave him Rs. 10,000/ -. But Sewa Ram demanded Rs. 50,000/ - more. For the well -being and happy life of his daughter, he promised Sewa Ram for more money according to his status. Thereafter his daughter gave birth to a male child. Two months thereafter, he received another letter Ex. Ka -2 from her daughter Smt. Poonam wherein she had stated that her life was in danger. Then he along with Mahaveer Singh, who was the mediator of the marriage and also along with Tejpal and Radhey Shyam went to the house of the accused appellants and met Sewa Ram, where he also saw that her daughter had become very weak and she was also nervous. He asked Sewa Ram as to why his daughter was being harassed in spite of fulfilling his every demand. Sewa Ram told him to give the remaining amount of dowry, else to take his daughter back. Everybody tried to persuade him. The complainant told Sewa Ram that he would give the money after the sugarcane crop. His daughter desired to live there for the sake of her respect. In the morning of 30.8.1992, Mahaveer Singh came to the complainant and informed him that at about 8 pm of the previous day i.e. in the evening of 29.8.1992, the accused appellants had committed marpit with his daughter Smt. Poonam. Her condition was serious and she was at the quarter of Mahaveer Singh. On this the complainant immediately went to Haridwar and met his daughter, who stated to her that at about 8 pm on 29.8.1992, when she was in Chandpur, accused appellants abused and told her that her father would not understand and she would not be left alive. All the accused appellants grabbed her. Accused appellants Ranvir and Sewa Ram tried to strangulate her by putting the rope in her neck. Accused appellant Pala stabbed her with a knife. She was also beaten by fists and kicks. On hearing the cries of the victim Smt. Poonam and her baby, many villagers arrived there which also included Gram Pradhan Subhas, Jagdish, Teerath Singh (PW4), Pawan Singh (PW3), etc. who rescued her and also witnessed the said incident. Since it was late in the night, therefore, she went to the quarter of Mahaveer Singh. Thereafter the complainant got his daughter medically examined on the same day i.e. 30.8.1992 and lodged this FIR along with the medical report Ex. Ka -8 and copies of the aforesaid two letters Ex. Ka -1 and Ka -2.

(3.) LEARNED Ist Additional Munsif Magistrate, Haridwar after giving the necessary copies of the documents to the accused appellants as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 7.2.1994. Thereafter the case was transferred to Additional Sessions Judge, Haridwar for its disposal according to law.