NIRMALA DEVI Vs. GAUNGHERA DEVI

JUDGEMENT

(1.) Appellant Smt. Nirmala Devi has been convicted and sentenced to undergo simple imprisonment for 7 (seven) years under Section 304-B, I. P. C.and simple imprisonment for 1 (one) year under Section 498-A, I. P. C., per judgment and order dated 17-7-2003 in Sessions Trial No. 28/2001.

(2.) The prosecution case briefly stated was that deceased Smt. Urmila Devi entered into wed-lock with Rajendra Prasad Tewari on 4/5-5-2001 and thereafter they lived together as the wife and husband. After some time the husband of the deceased, sister- in-law (Jethani) appellant Smt. Nirmala Devi, brother-in-law (Jeth) Satya Prakash, another brother-in-law (Jeth) Vijay Prakash, mother-in-law Smt. Rukmani Devi, the father of the appellant named as Rama Nand and the uncle of the husband named as Gaina Nand subjected the deceased to harassment for not bringing adequate dowry and at the same time coercing her to bring amount of Rs. 40,000/- from her mother and brother by giving threats that unless the demand is met they will not permit her to reside peacefully and happily in her marital home. Smt. Urmila disclosed the cause of harassment to her brother and mother when she visited them. The brother and the mother of the deceased not being able to fulfil the demand, they showed their inability on making a visit to the house of the husband of the deceased. Smt. Urmila Devi also disclosed that her husband and Jethani appellant Smt. Nirmala Devi have been maintaining illicit relations and since they were seen by her while indulging in indecent activities she was subjected to harassment by way of demand for money.

(3.) The prosecution case was also that on 18-9-2001 at about 1 p.m. informant Rishi Ram Thapliyal (P. W. 1), brother of the deceased was informed on telephone by one Gaina Nand Tewari that his sister has been admitted in hospital of Chamba town as she is seriously sick. The informant reached the hospital the same day at 7 p.m. where he found his sister admitted there with severe burn injuries in an unconscious state and there was none from the side of the in-laws to attend her in the hospital. The informant was convinced that the persons named above, have as a result of conspiracy, set his sister on fire for not meeting the illegal dowry demand.