KAMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kamal Kumar (husband), Aarti (mother in law), Kapal Kumar @ Rakesh Kumar (brother-in-law), Madan Lal (father in law) and Geeta Rani (married sister) were prosecuted for the offences under Section 304-B IPC for causing dowry death of Seema. Vide judgment dated 05.10.1999, Addl. Sessions Judge, Amritsar, while acquitting the accused Madan Lal, Kapal Kumar and Geeta, convicted the accused-appellants Kamal Kumar and Aarti (herein referred as 'the accused') and sentenced them to undergo rigorous imprisonment for a period of 10 years under Section 304-B IPC.

(2.) About 1? years prior to the occurrence, Harbans Lal complainant (herein referred as 'the complainant'), resident of Pawan Nagar, Batala Road, Amritsar, had married his elder daughter Seema to the accused Kamal Kumar. On 07.03.1997, at about 4:30 p.m., Ashok Vohra (a neighbour of the accused) informed the complainant that his daughter had committed suicide by burning. At this, he rushed to the house of the accused at Jawahar Nagar and saw that the dead body of Seema was lying in the courtyard, there he got recorded his statement Ex.PD before ASI Vishwa Mitter, Police Station Vijay Nagar, which was completed on 5:30 p.m. and vide endorsement Ex.PD/1, ASI Vishwa Mittar sent it to the police station on the basis of which FIR was registered at Police Station Sadar, Amritsar at 6:20 p.m. on the same day. In his statement Ex.PD, complainant disclosed that her daughter has been killed by her husband Kamal Kumar and her mother-in-law and he had seen both of them near the dead body destroying the evidence by cleaning the courtyard. Both of them had been compelling Seema to bring more money. He further stated that Madan Lal (father in law), Kapal Kumar (brother in law) and Geeta (sister in law), were also harassing to bring more dowry and compelling her to commit suicide.

(3.) During investigation of the case, Investigating Officer reached the spot; got the photographs of the dead body, lifted the match box Ex.P1, partly burnt jacket Ex.P2 and one plastic cane smelling kerosene Ex.P3 and took the same into possession vide different memos. On 08.03.1997, he arrested the accused Aarti and on 14.05.1997, he arrested the remaining accused. He also took into possession five photographs Ex.P4 to Ex.P8 with five negatives Ex.P9 to Ex.P13. On completion of investigation, challan was presented against the accused.