STATE OF PUNJAB Vs. RESHAM LAL

JUDGEMENT

(1.) THE State of Punjab has filed the present appeal and it has been directed against the judgment dated 31.10.1991 passed by learned Sessions Judge, Jalandhar, who acquitted respondents Resham Lal, his father Chani Ram and his mother Bachni of the charges framed against them under Sections 498-A, 304-B and in the alternative under Section 302/34 I.P.C.

(2.) THE brief facts of the case are that Resham Lal son of Chani Ram, aged 37 years at the time of trial, his father Chani Ram and mother Smt. Bachni, both aged 70 years when they appeared before the trial Court in order to face their trial, were chargesheeted under Sections 498-A, 304-B and in the alternative under Section 302/34 I.P.C. on the allegations that on 25.11.1990 in the area of village Lakhan Pur they harassed Smt. Amarjit Kaur with a view to coerce her to meet unlawful demand for dowry and thereby committed an offence punishable under Section 498-A IPC. Secondly, on the same date, time and place they extended cruelty and harassment to the deceased in connection with the demand for dowry, as a result of which the death of Amarjit Kaur took place on 25.11.1990 otherwise than under normal circumstances within seven years of her marriage and thereby allegedly committed an offence punishable under Section 304-B IPC. In the alternative, the trial court framed a charge against all the accused that they in furtherance of their common intention which was to commit murder of Amarjit Kaur by intentionally and knowingly causing her death and thereby committed an offence under Section 302/34 IPC.

(3.) PW 5 ASI Surinder Kumar took over the investigation of this case. He deposed that he prepared inquest report Ex.PD on the bead body of Amarjit Kaur on 25.11.1990. As it became dark he stayed in the hospital as curfew was imposed in City Jalandhar due to murder of seven persons by the militants. Next day at about 8.30 a.m. he reached the spot in village Lakhanpal in the house of Resham Lal and took in possession burnt pieces of clothes, one bottle having a label of Director Special, one match-box having some sticks, one Talai and one Chaddar. Burnt pieces of clothes and match-box were sealed in separate parcels and were taken into possession vide memo Ex.PE. He prepared rough site plan Ex.PH with correct marginal notes. The accused were not present in the house. The door of the house was lying open. On 25.11.1999 he handed over the dead body along with inquest report Ex.PD and request for post-mortem examination Ex.PJ to HC Kulbir Singh and Const. Hans Raj for post mortem examination. On 24.1.1991, he took into possession list Ex.PL and receipts Exs.PM/1 to Ex.PM/5 vide memo Ex.PN. The list of articles of dowry and receipts were produced by Kishan Chand PW. He arrested the accused on 2.12.1990 and recorded the statements of the prosecution witnesses.