BALDEV AND TWO ORS Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 18.2.1993 passed by Additional Sessions Judge/Special Judge Anticorruption, Dehradun in Sessions Trial No. 25/89, State v. Baldev and Ors. whereby the learned Additional Sessions Judge/Special Judge Anti-corruption convicted the accused/appellants, namely, Baldev, Smt. Sant Kaur and Manohar Singh under Sections 304-B and 498-A of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). The accused Baldev was sentenced to ten years' R.I. under Section 304-B and each of the accused/appellants, namely, Smt. Sant Kaur and Manohar Singh were sentenced to seven years' R.I. under Section 304-B. However, the co-accused persons Pritam and Jogendra alias Pummy were acquitted of the charge levelled against them by the trial court.

(2.) I have heard Sri J.C. Gupta, learned Sr. counsel assisted by Sri Anuraj Tomar, learned Counsel for the appellants and Sri M.A. Khan, learned brief holder for the State. Perused the entire material available on record.

(3.) In brief, the prosecution case is that Surjan Singh (P.W.1) lodged the report at Police Station Kotwali, District Dehradun with the averments that his sister Kulwant Kaur (deceased) was married to the appellant/accused Baldev Singh on 14.4.1985. In the marriage, about Rs. 1.00 Lac dowry was given. After the marriage, the accused/appellants Baldev, Smt. Sant Kaur and Manohar Singh and the co-accused Pritam Singh and Pummy started harassing her by saying that she has not brought dowry of their choice and she has brought less dowry. Whenever Kulwant Kaur (deceased) came to her parental house, she used to complain about her in-laws then they (Surjan Singh and his family members) used to persuade her that everything will be alright in future. About one year before, the accused Baldev came to him at Shimla and demanded money to purchase a scooter. They gave Rs. 2,000/- for the scooter and also booked a scooter at Shimla. Even after that the accused/appellants continued their demand of money. About 11/4 years before, Kulwant Kaur (deceased) gave birth to a son at Dehradun. On this, his brother Gurcharan (P.W.7) went to her in-laws house with clothes, etc. then the accused/appellants and the coaccused (acquitted by the trial court) abused his brother and also asked what he (Gurcharan) has given in dowry. The accused/appellants and co-accused also thrown his sister's child in front of his brother and said either take his sister and her child from their house or send Rs. 50,000/-. It was also alleged that after birth of child, his sister was continuously subjected to harassment for the demand of Rs. 30,000/- which the accused Baldev and his family members had spend in the marriage. On 6.11.1985 the accused/appellants and the co-accused snatched the ornaments of Kulwant Kaur (deceased) and sold them. On 28/29.12.1985, the accused/appellant Baldev came to Shimla and made a demand of Rs. 30,000/- for purchasing a plot. He (accused Baldev) also gave the letter, written by his sister, on the dictation of his parents. When they (Surjan Singh and his family members) showed their inability, then the accused threatened them that if they want life of Kulwant then they will have to pay Rs. 30,000/-. It was also alleged that when the accused/appellants had thrown the child in front of his brother at that time they have also ousted his sister from the house. Then his sister stayed in the house of Baldev's cousin brother. Thereafter, Panchayat was held in which Kishan Nagpal, Gurdayal Kukreja (P.W.3), Sunder Singh Narang and some other people were included. There the in-laws of his sister apologized and did a promise of not demanding dowry in future and also of not harassing Kulwant Kaur (deceased). After that her in-laws took her along with them but even after that they continued harassing her. In the last week of April 1987, the deceased Kulwant Kaur came to Shimla and told about the harassment being caused to her by her in-laws. She also told them that her in-laws are saying that if they (her parents) will not give Rs. 30,000/- cash then they will found her dead body. On 27.5.1987, his father came to Dehradun to leave Kulwant Kaur and depart for Shimla on 5.6.1987. On that day also, his sister told his father that the intention of her in-laws is not good and they will kill her. His father persuaded her that everything will be alright. It is further alleged, that on 5.6.1987 in the daytime, in-laws of his sister committed her murder by administered poison. They got this information through telephone at Shimla. On this, he reached Dehradun at 09:00 P:M in the night and there he came to know that his sister had died at 11:10 A:M. With the above-said averments, the F.I.R. was lodged by Surjan Singh (P.W.1) at Police Station Cantt, District Dehradun on 6.6.1987 at 9:05 A:M. That F.I.R. is Ext.Ka-1. On the basis of F.I.R. (Ext.Ka-1), Chik F.I.R. was prepared by Head Mohirror Mahendra Singh. That Chik F.I.R. is Ext.Ka-14. The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-15. Initially, the investigation of this case was entrusted to Sub Inspector Ompal Singh (C.W.1). Later on it was transferred to Deputy S.P. Jeevan Chand Pandey. The deceased had died on 5.6.1987. On the same day, inquest report was prepared, which is Ext.Ka-4. Along with the inquest report, Police Form No. 13 (Ext.Ka-6), sketch of the dead body (Ext.Ka-7), letter to Inspector, Police Line (Ext.Ka-8), letter to CMO for conducting the postmortem (Ext.Ka-9) and specimen of seal (Ext.Ka-10), were also prepared. Post-mortem examination of the dead body of the deceased was conducted on 5.6.1987 at 4:15 P:M by Dr. M.K. Diwedi (P.W.5), Senior Pathologist, Doon Hospital, Dehradun. Thereafter, the post-mortem report was prepared, which is Ext.Ka-5. During the course of investigation, the I.O. recorded the statement of the witnesses and collected the necessary papers. He also inspected the place of occurrence and prepared the site-plan. That site-plan is Ext.Ka-11. After completing the investigation, the I.O. filed the charge sheet against the accused/appellants, Baldev, Manohar Singh and Smt. Sant Kaur and the coaccused persons Pritam and Jogendra (acquitted by the trial court). That charge sheet is Ext.Ka-13.