JASBIR SINGH Vs. DEVENDER KUMAR AND OTHERS

JUDGEMENT

(1.) A case against Devender Kumar, his mother Karmo Devi and father Baldev Singh was got registered at Police Station Shahabad for commission of an offence punishable under Section 304B IPC on the complaint of complainant Jasbir Singh, who happens to be the father of deceased Anita. The brief and precise allegations are that the marriage was solemnized between Anita and Devender Kumar on 6th February, 2010 in which an amount of Rs. 9 lacs was spent. But inspite of the same, accused were not happy over it. It is alleged that in -laws had demanded an Alto car, to which the family of the girl had shown inability. The allegations harbour on the fact that the girl was harassed and humiliated on several occasions and that when the girl was in advanced stage of delivery on 14th November, 2010 she was given beatings about which one Sultan Singh, driver telephonically informed the complainant father of the deceased girl during the intervening night of 14 -15 November, 2010 that Anita has died. The father claims that on 15th November, 2010 when he went to the house of the girl, her dead body had already stood cremated.

(2.) AFTER investigations and collection of evidence, on presentation of challan, during the trial, the prosecution examined 10 witnesses and proved documents Ex.P1 to Ex.P11.

(3.) GOING through the arguments of Mr. B.S. Dhillon, learned counsel for the appellant and perusing the record, it is an admitted fact that the marriage between the accused Devender Kumar and deceased Anita Devi took place on 10th February, 2010 and that the lady had died an unnatural death on 14th November, 2010 within the seven years of the marriage. It is also not refuted that at the time of death she was at the advanced stage of pregnancy. It is quite strange as has come on the record that at about 12.00 during the intervening night of 14 -15 November, 2010 the father had received information regarding the death of his daughter. It is the own stand of the complainant that when he arrived next day cremation has already taken place. It is by no means questionable that the village Surakhpur where the complainant resides and village Dera -Machhrauli, where the death has occurred fall within same very Police Station of Shahabad within a distance of few kilometers. In this era of facilities rather casts a doubt on the veracity of the allegations of the father. He could have easily informed the police telephonically or his relations and even could have reached the place within a short time. The admission of Jasbir Singh, complainant in his statement that when they reached Shahabad, Ram Kumar PW4 maternal uncle of deceased -Anita had reached village Machhrauli and telephonically informed that Anita had been brought there for cremation and in his presence she was cremated shows that all was not well with the prosecution. To further add to it DW1 Sultan Singh and DW2 who is mediator of this marriage negated these allegations.