(1.) By way of instant criminal appeal, convict Wazir has assailed his conviction and sentence recorded by learned Additional Sessions Judge, Jind vide judgment dated 22.9.2007 and order dated 25.9.2007 thereby convicting the appellant under sections 304-B and 498-A of the Indian Penal Code (in short, IPC) but acquitting appellant's parents Ram Chander and Rajde co-accused, and sentencing the appellant to undergo rigorous imprisonment for ten years and to pay fine of Rs 10,000/- and in default thereof, to undergo further rigorous imprisonment for one year under section 304-B IPC and to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/- and in default thereof, to undergo further rigorous imprisonment for one month under section 498-A IPC, but both the sentences have been ordered to run concurrently.
(2.) Prosecution case is that marriage of Neelam since deceased daughter of complainant Satpal was solemnized with appellant on 3.1.2000. Sufficient dowry was given in the marriage by the complainant. However, the appellant, his parents and two brothers and other family members started making demand of more dowry from the deceased and started harassing her for the same. The deceased used to tell the same to the complainant and his wife Kelo Devi whenever she visited them. Even about 10 days before the occurrence, Neelam came to her parental house and told that the appellant and his parents and brothers had asked her to bring more dowry. She was sent back to the matrimonial home after counselling. On 6.5.2006, some person from the appellant's village Sudkain Kalan informed the complainant's nephew Subhash that Neelam had consumed poison. Subhash passed on the information to the complainant. Thereupon complainant along with Subhash and other persons reached village Sudkain Kalan and learnt that the appellant and his parents and brothers and also wives of two brothers had murdered Neelam by administering some poisonous substance for not bringing more dowry. Complainant gave application Ex. PA to the police narrating the aforesaid facts. Thereupon FIR was registered and investigated. Statements of witnesses were recorded. Rough site plan of the place of occurrence was prepared. Inquest proceedings were conducted of the dead body of Neelam. Post mortem examination was also got conducted. As per report of the Chemical Examiner, viscera of the deceased gave positive test for halogenated hydrocarbon compound group of insecticides. Accordingly, cause of death was opined to be the said poison. On completion of investigation, police presented report under section 173 of the Code of Criminal Procedure (in short-Cr.P.C.) for prosecution of the appellant Wazir only, holding remaining family members of the appellant named in the FIR to be innocent.
(3.) Charge under section 304-B and in the alternative under section 302 IPC and also under section 498-A IPC was framed against appellant Wazir who pleaded not guilty and claimed trial.