BALDEV RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Baldev Raj has filed this appeal against judgment and order dated 10/8/1988, vide which he was convicted for commission of an offence under Section 304-B of IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine Rs. 2,000.00. In case of default of payment of fine, he was directed to further undergo rigorous imprisonment of one year.

(2.) As per prosecution version, marriage between Baldev Raj, appellant/accused was solemnised with Neeru, deceased aged about 20 years, on 21/6/1987. She died on 10/12/1987, an unnatural death by burning, in her matrimonial home. It was allegation of the prosecution that there was a dispute between Baldev Raj, appellant/accused and Neeru, deceased, regarding dowry. It was further alleged that Banarsi Dass, Tilak Raj and Pushpa i.e. other family members were instigating Baldev Raj appellant/accused to harass the deceased on account of bringing less dowry. All the above named three persons also, were sent by the police, for trial, for having abetted suicide of Neeru and thus, causing a dowry death.

(3.) Perusal of record reveal that two sisters of Neeru, namely Asha and Sita were married in this family to Sat Pal and Manohar Lal, brothers of Baldev Raj. It is also coming out from the record that on the fateful day, husband and wife had gone to cinema and they came back in the early afternoon. At about 10.3.0 p.m., when both of them were together in a room in the first floor of their house, shrieks were heard and flames were seen. Asha and Sita, who at that time, were busy watching television along with their children, rushed upstairs and saw their sister burning and Baldev Raj was allegedly, seen trying to put off the fire. Neeru died at the spot. Case was reported to the police by Asha at 10.55 p.m., her statement was recorded by the Investigation Officer and accordingly FIR was registered against Baldev Raj appellant/accused and Banarsi Dass, Tilak Raj and Pushpa wife of Tilak Raj. Investigating Officer got the postmortem examination conducted on the dead body. A burnt canister and a match box was also taken into possession from the spot during investigation.