RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 02.03.2002 and order of sentence dated 04.03.2002, passed by the learned Addl. Sessions Judge, Barnala, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1000/- under Section 304-B IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. However, other co-accused namely Jagdish Lal and Raj Rani were acquitted of the charges framed against them.

(2.) The brief facts of the prosecution case are that on 29.10.1999 at about 9.30 A.M. Gagan Bala died under unnatural circumstances within seven years of her marriage. The allegations as per prosecution version are that Gagan Bala (deceased) was subjected to cruelty and harassment for demand of dowry by Rakesh Kumar her husband, Jagdish Lal, father-in-law and Raj Rani, motherin- law. The FIR in this case has been registered on the basis of statement of Jai Pal complainant, whose house was in front of the house of accused, who stated that for the last one year before 29.10.1999, Jagdish Lal and his wife, as usual, had gone to the Bus Stand, Bhadaur at about 6.00 A.M., with their cart. Rakesh Kumar @ Goldy and his wife Gagan Bala were present in the house. Rakesh Kumar @ Goldy and his wife used to usually quarrel with each other.

(3.) On 29.10.1999 at about 9.30 A.M., they again quarreled. Gagan Bala was levelling allegations against Rakesh Kumar that he had developed illicit relations with some other ladies. Upon hearing the commotion, complainant came out of his house. Thereafter, he heard Rakesh Kumar telling his wife that he would call his parents. Thereafter, Rakesh Kumar left for informing his parents. Gagan Bala sprinkled diesel on her clothes and set herself on fire. Gagan Bala then ran out of her house and fell on the street. Thereafter, Rakesh Kumar, on hearing cries of Gagan Bala returned and threw a bucket of water on her but she soon died thereafter. It was stated that Gagan Bala had committed suicide by setting her ablaze being fed up with the maltreatment given to her at the hands of Rakesh Kumar. It is also the case of the complainant that he kept on informing relatives of Gagan Bala and Rakesh Kumar but none came. When he was going to report the matter to the police, then SI Karnail Singh met him and his statement was recorded. Ruqa was sent to the police station, on the basis of which, FIR was registered. The Investigating Officer visited the place of occurrence. Dead body of Gagan Bala was lying there. The Investigating Officer inspected the spot and prepared inquest report. Rough site plan was also prepared. Dead body was sent for post-mortem examination. A tin of diesel and a match box were lifted from the spot and converted into parcel. Sonu Sharma, brother and Raj Rani mother of Gagan Bala approached to the Investigating Officer on 02.11.1999 and got recorded their statements. From the statements of these PWs, it came to the light that Gagan Bala was being maltreated for bringing insufficient dowry. They also stated that about 15 days before occurrence, accused Rakesh Kumar, Jagdish Lal and Raj Rani raised demand of scooter from them and also threatened them that in case their demand is not fulfilled, then Gagan Bala has to face dire consequences. Accused were arrested. After necessary investigation, challan was presented against the accused-appellant and other co-accused.