GORA LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts of this appeal are as follows :-

(2.) THE prosecution in support of its case placed primary reliance on the evidence of PW-1 Megh Raj; PW-2 Madan Lal; PW-3 Baldev Singh, a witness to the recovery of the articles from the place of occurrence; PW-4 Dr. Harkirat Singh, who had conducted the post-mortem; PW-5 Kaka Ram, the father of the deceased; and PW-8 ASI Darshan Singh, the main Investigating Officer.

(3.) THE trial Court in its judgment dated 3.5.1990 held that it appeared that the FIR had been lodged with deliberation and in that eventuality the possibility of false implication could not be ruled out and having held as above, acquitted Rani, aged 16 years, sister of Gora Lal accused. The Court, however, examined the evidence with regard to the culpability of the other four accused and observed that from the evidence of the prosecution witnesses, in particular, Kaka Ram and Madan Lal P.Ws., it was clear that a case had been made out against the accused as they had time and again made demands of dowry either in the shape of cash or goods and as their demands could not be satisfied by Kaka Ram, Pushpa had been harassed on that account, which had led her to commit suicide. The argument of the defence that it was a case of an accidental death was repelled by observing that not only a container of kerosene oil but a match box had been recovered from the place where the deceased had been burnt, which clearly ruled out such a case. The accused were accordingly convicted and sentenced as under :- Accused Gora Lal, Chiman Lal, Prem Chand and Raj Rani under Section 304-B of the Indian Penal Code. to undergo rigorous imprisonment for seven years each. All the four accused under Section 498-A of the Indian Penal Code. to undergo rigorous imprisonment for two years and to pay a fine of Rs. 300/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month. Both the substantive sentences were, however, ordered to run concurrently.