KRISHAN LAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence, dated 31.3.2001, passed by the learned Additional Sessions Judge, Ferozepur, whereby the appellants were held guilty for the offence punishable under Section 304-B, IPC, and each one of them was sentenced to undergo rigorous imprisonment for ten years, besides payment of fine of Rs. 5,000/- each, and in default thereof to undergo further rigorous imprisonment for six months each.

(2.) The brief facts of the case are that the complainant, Rulia Ram (PW-3), father of Shanti (since deceased), made a statement to the police that he was resident of Village Sadak, District Ferozepur, and was running a Karyana shop. He had four sons and two daughters, out of whom three sons and two daughters were married. On 12.4.1994, his younger daughter, Shanti (deceased), aged about 21 years, was married to Kapil Kumar, son of the appellants, who were residents of Guru Har Sahai, District Ferozepur. At the time of marriage, sufficient dowry articles were given as per status of the complainant. Ten days after the marriage, the complainant had gone to Guru Har Sahai to see her daughter. His son-in-law, Kapil Kumar (son of the appellants), made demand of a Jeep. The complainant replied that he was not in a position to fulfil the demand.

(3.) A police party headed by Inspector Bhupinder Singh (PW-13) visited the spot and in their presence, Surinder Kumar and Darshan Lal identified the dead body. Inquest Report (Ex. P2) was prepared and thereafter the dead body was handed over to HC Daler Singh (PW-11) for getting the postmortem conducted. Half burnt clothes and the cot were taken into police possession vide recovery memo, which was attested by the witnesses. Container containing kerosene, match-box and burnt match sticks were also taken into police possession vide separate recovery memo, which was attested by the witnesses. Rough site plan of the place of occurrence with correct marginal notes was prepared at the spot. Statements of the witnesses in terms of Section 161, Cr.P.C., were recorded. After the postmortem examination, the clothes worn by the deceased were produced by ASI Major Singh and the same were packed in a parcel and taken into police possession vide separate recovery memo. On 2.7.1994, the complainant produced letter (Ex. P4) before the police and the same was also taken into possession vide a separate recovery memo. After completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented for prosecution of the appellants and their son, Kapil Kumar.