MULKH RAJ AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that the marriage of appellant-Baldev Raj son of Mulkh Raj was solemnized with Darshana Rani, sister of complainant-Sada Lal (PW3)(for brevity "the complainant"), 11/2 years prior to the present occurrence, according to customary rights and ceremonies at village Kutti. The accused were not satisfied with the dowry. They started harassing her on account of bringing insufficient dowry, as per their expectations. The complainant had come once or twice to village Goluka and requested the accused not to put pressure on his sister, to bring dowry articles, but in vain. Thereafter, the complainant was stated to have narrated about their behaviour to Sarpanch Tarsem Lal(PW4) and Ex- Sarpanch Dattar Singh(PW5). They also went to village Goluka and requested the accused not to harass Darshana Rani. The accused started continue demanding dowry articles and cash etc. On receipt of message, the complainant has taken her sister Darshana Rani to his village, where she again narrated her entire tale of woe with regard to the demand of dowry by the accused. The complainant and his brother agreed to meet their demand of dowry later on.

(2.) The case of the prosecution further proceeds that on 02.08.1996, the complainant and Tarsem Lal, Sarpanch had gone to the matrimonial home of Darshana Rani, to inquire about her welfare. At about 8.00 PM, as soon as, they reached her matrimonial home, then they heard screams from inside the room. On suspicion, the complainant and Tarsem Lal, Sarpanch, entered into the room and noticed that Darshana Rani was making hue and cry and was proclaiming that Des Raj, Suman and Mulkh Raj had put her on fire and burnt her. She felled on the ground after receipt of burn injuries and died at the spot. However, the accused decamped from the house.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that Darshana Rani had died an unnatural death within a period of two years of her marriage and the accused have committed the crime/dowry death on account of demand of dowry. In the background of these allegations and in the wake of complaint(Ex.P7) of complainant-Sada Lal, the present case was registered against appellants-Baldev Raj son of Mulkh Raj(husband), Mulkh Raj son of Jagan Nath(father-in-law), Ashok Kumar son of Mangat Ram(brother-in-law)(Jija) and accused Des Raj son of Mulkh Raj (brother-in-law), Asha Rani and Suman(sister-in-laws), vide FIR No.67 dated 02.08.1996(Ex.P7/B), on accusation of having committed the offences punishable under Sections 148, 302/149 and 304-B IPC, by the police of Police Station Guru Har Sahai, District Ferozepur, in the manner depicted here-in-above.