BHAGWAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant Bhagwan Singh and Krishna Pal Singh against judgment and order dated 11.10.1996 passed by IInd Special Additional District and Sessions Judge, Hardoi in Session Trial No. 58 of 1995 whereby and whereunder appellants were convicted under Section 304-B IPC and sentenced to undergo rigorous imprisonment for 10 years, further convicted the appellants under Section 498-A and sentenced both of them to undergo rigorous imprisonment for one year and also convicted the appellants under Section 3 / 4 of Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one year.

(2.) This is a case where a young innocent lady of about 20 years of age having been married in the family of the appellants died within three years of marriage. The provisions of criminal procedure code were set into motion on the first information report submitted by one Balram Singh son of Mulayam Singh resident of village Suhedi, police station Lonar, district Hardoi on 27.9.1994 whereby he had communicated the incharge of police station regarding the present incident.

(3.) The contents of the first information report reveals that the deceased Saroj Singh was married to appellant Bhagwan Singh about three years ago from her death. After the marriage, when she visited the in-laws house and came back to parental house, she informed her parents that her husband and in-laws had been asking for motorcycle and an amount of Rs. 20,000/- as a dowry and directed her to bring with her when she comes back from her parental house. The first information report further reveals that the complainant performed the marriage of his daughter and paid cash of about Rs. 50,000/- and other items. In spite of the aforesaid, the appellants-accused were not happy as some more items and amount of Rs.20,000/- and motorcycle was desired to be given in marriage which were not given as stated in the first information report. Informant had further stated that her daughter was tortured and threatened to adverse consequences in the event all the demands are not fulfilled. In fact, at the time of vidai, on account of non providing motorcycle and Rs. 20,000/-, the complainant assured the accused-appellants to provide them these item in future, but as the informant side was unable to fulfil the demands, the victim-deceased was beaten repeatedly. Appellant Bhagwan Singh was consoled by the informant and it was promised that the demands will be fulfilled at the earliest opportunity and Saroj was taken by Bhagwan Singh to his house but some time later, the informant along with his brother Ranveer Singh went to the house of Bhagwan Singh where aforesaid demand was again repeated and the informant returned back after promising arrangement of motorcycle and the amount so demanded. On 26.9.1994 at about 5.00 P.M. at village Suhedi, Ranveer Singh communicated the informant that Smt. Saroj had been poisoned to death by the in-laws. Receiving such information, the informant along with his family members went to village Rajpur Labhera and found Saroj dead. But it was too late, thus he did not proceed to lodge first information report in the police station. On the next date i.e. 27.9.1994, a first information report was lodged in police station where it was registered as crime No. 103 of 1994 under Sections 498-A / 304-B IPC and under Section 3 / 4 Dowry Prohibition Act, against Bhagwan Singh, Krishan Pal Singh, Raj Kumari, Guddu Singh @ Dharmendra Singh and Suman. During investigation, statement of witnesses were recorded and body of the deceased was taken into hospital for post mortem. Post mortem was conducted on 27.9.1994 at about 4.10 P.M by Dr. S.K. Saxena. The body of the deceased was brought by constable Bharatveer Singh and village Chowkidar Arvind of police station Pali in a sealed cover.