JAGDISH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) It is a case of dowry death in which the criminal law was set into motion by the unfortunate father of the victim. Meharchand son of Rahtu Lal lodged a complaint with the police of P.S. Bhagwanpur which was registered as crime no. 45/95 under sections 498A/304 B IPC and section 3/4 Dowry Prohibition Act on 12.05.1995 at 08:40 pm. The incident took place in the intervening night of 11.05.1995/12.05.05.1995.

(2.) Informant Meharchand s daughter Seema was married to Chandrahas son of Sukhbeer Tyagi according to Hindu customs and rituals. After a few days of marriage, Chandrahas along with his parents etc. started harassing Seema (victim) on account of non-fulfillment of dowry. They demanded a motorcycle. The father of the victim could not fulfill this demand. Seema wrote a letter to her father requesting to meet the demand failing which the in-laws could kill her. Father of the victim met his sonin-law but they did nut budge. Chandrahas, his father Sukbeer Singh, relatives Jagdish, Jogender (brother-in-law of victim) and Chandra Prakash (another brother-in-law of victim) insisted upon providing motor-cycle. The father of the victim collected Rs. 2000/-, paid to them and requested them not to harass his daughter. After a few days the inlaws of the victim ousted her from their house. The inlaws asked her to bring Rs. 20,000/- and a motorcycle. A panchayat was convened and it was decided in the panchayat that Seema would stay with her in-laws. The panchayat undertook the responsibility that her in-laws will not harass her. Seema had a son aged two years. Thereafter, the father of the victim received an unstamped letter from her daughter alleging harassment. On 12.05.1995 a fellow villager named Subhash Chandra informed the complainant-father that his daughter Seema has been killed by her in-laws. On hearing this the complainant, along with co-villagers went to the matrimonial house of the deceased only to find that Seema was killed and she was cremated in the cremation ground in the morning. Her husband Chandrahas, father in-law Sukhbeer, relative Jagdish, jeth Jogender, devar Chandraprakash, mother-in-law Pushpa and jethani Savita had killed her because the members of her parental home could not fulfill the demand of dowry. This is the prosecution story in brief.

(3.) Investigation of the case was initiated. After conducting the investigation, the IO submitted chargesheet against Chandrahas, Sukhbeer, Jagdish, Yogender alias Jogender, Chandraprakash, Smt. Pushpa and Smt. Savita for the offences punishable under sections 498A/304B/201 IPC and section 3/4 Dowry Prohibition Act. When the case was committed to the court of sessions and prosecution opened its case, the charges against the accused persons were framed for the offences punishable under sections 498A/304B & 201 IPC, to which they pleaded not guilty and claimed trial. Prosecution had examined PW 1 Mehar Chand, PW 2 Rikhiram, PW 3 Sagwa Ram, PW 4 Subhash Chandra, PW 5 SI Data Ram, PW 6 doctor R.K.Verma, PW 7 constable Jaiprakash and PW 8 Surendra Singh Chauhan, Deputy S.P. (retd). Statements of the accused persons under section 313 Cr.P.C. were taken. They have admitted marriage but denied having demanded any dowry. They have not adduced any evidence in defence.