STATE OF U P Vs. RAM CHANDER

JUDGEMENT

(1.) THIS is a Government appeal filed from the judgment and order dated 6 -5 -2000 passed by Ist Additional Sessions Judge, Moradabad in Sessions Trial No. 1003 of 1995, State v. Ram Chander and Ors., acquitting the accused of the charge levelled against them under Sections 498 -A and 304 -B I.P.C. and Section 3/4 Dowry Prohibition Act.

(2.) BRIEF facts giving rise to this appeal are that at 5.10 p.m. on 12th of July 1995 Harish Chand, father of the deceased lodged an F.I.R. at Police Station Bachchrayun, District Moradabad situate at a distance of some 3 kms from village Dhanauri Khurd alleging that he married his daughter Asha with Madan Lal son of Ram Chandra resident of village Dhanauri Khurd within the limits of police station Bachchrayun according to Hindu rites some three years ago. But since the very inception of her marriage she was used to be harassed and tormented by her husband, parents in -law and 'nanad' Mithlesh for want of dowry; that some ten days prior to the occurrence Ram Chandra, father -in -law of Asha went to his house at village Kaitvali Pandaki Amroha and asked him to give Rs. 50,000.00 cash as dowry and as he expressed his inability he left his daughter Asha at his house and got annoyed and went away. Some five days thereafter Ram Chandra went to his house to fetch his daughter -in -law Asha and took her with him asking her father to send Rs. 50,000.00 cash to him in dowry. On 12th of July 1995 Harish Chand learnt that his daughter Asha was beaten and strangulated to death by her husband, parents in -law and 'nanad' Mithlesh as their demand of Rs. 50,000.00 cash could not be satisfied by her parents. Then Harish Chand went to the house of in -laws of his daughter and saw that Asha was lying dead and there were injury marks at her neck. The police registered a crime against all the four under Section 304 -B I.P.C. and started investigation. Investigation of the crime was entrusted to Sri Naresh Pandey, Circle Officer Dhanaura. Immediately SI Satya Deo Singh went to the scene of occurrence and drew inquest proceedings on the dead -body and prepared the inquest report (Ext. Ka -2) and other necessary papers (Exts. Ka -3 to Ka -6). He also collected vomit in a container lying near the dead -body of Asha and prepared its memo (Ext. Ka -8). Then he inspected the place of occurrence and prepared its site -plan map (Ext. Ka -9).

(3.) THEREAFTER the case was investigated by CO Naresh Pandey. On 15th of August, 1995 the crime was altered under Section 498 -A I.P.C. and Section 3/4 Dowry Prohibition Act. He also recorded statements of the witnesses. Subsequently the crime was investigated by CO Ayodhya Prasad who after completing the investigation submitted charge -sheet against the accused under Sections 304 -B and 498 -A I.P.C. and Section 3/4 Dowry Prohibition Act.