RAKESH AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) RAM Swarup (PW 1) wrote a complaint to Station Officer, Police Station Jhabrera, District Haridwar, on 31.10.2004, in which it was stated that his sister, Saria (the victim), was married to appellant Raju about five years ago; Sarla did not beget any child; appellant Raju and the in -laws of Sarla started harassing her on account of non -fulfillment of dowry demands since the very beginning; and they used to torture her physically and mentally. PW 1 further stated that he belonged to a poor family and, therefore, he and his father could not fulfill the demands of the in -laws of Sarla and they used to persuade the in -laws of Sarla not to harass her, but to no avail. PW 1 further stated that, about 5 -6 days ago, his sister Sarla was killed by her husband appellant Raju; her Jeth (brother -in -law) appellant Rakesh; her another Jeth (brother -in -law) appellant Suresh; and her mother -in -law Rohli, and, they also cremated her dead body in the crematorium surreptitiously with the help of appellant Chetan. Thereafter, another Application, in the form of addendum, was given by PW 1 to the Circle Officer stating that his sister Sarla was, in fact, married to appellant Raju in June, 1995 and the fact that Sarla was married to appellant Raju five years ago was wrongly written in his earlier complaint.

(2.) ON the basis of the said complaint, lodged by PW 1, a First Information Report was registered against the appellants and Rohli (mother -in -law of Sarla) for the offences punishable under Sections 304B and 201 of the Indian Penal Code. However, during the course of investigation, the case was converted under Sections 302 and 201 of the Indian Penal Code. After completion of the investigation, a charge -sheet was filed against the appellants and Rohli (mother -in -law of Sarla) for commission of the offences punishable under Sections 302 and 201 of the Indian Penal Code.

(3.) PROSECUTION led the evidence through Sahi Ram (PW 2), Bhanwar Singh (PW 3), Parmeeta (PW 4) and Surendra Singh (PW 5). Let us examine their evidence in detail.