STATE (CHANDIGARH ADMINISTRATION) Vs. MANSA RAM

JUDGEMENT

(1.) BOTH the criminal appeals arise out of the judgement and order dated 18.11.1992 passed by Mr. I.C. Aggarwal, Additional Sessions Judge, Chandigarh. The learned Additional Sessions Judge, convicted Arvind Kumar son of Mansa Ram, husband of the deceased Rajeshwari @ Pinki under Section 304 -B of Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo -further rigorous imprisonment for 2 -1/2 years. The learned Additional Sessions Judge gave benefit of doubt to Mansa Ram and his wife Smt. Mash Devi, the parents of the appellant Arvind Kumar and parents -in -law of the deceased -wife Smt Rajeshwari @ Pinki. The Union Territory, Chandigarh has filed appeal against acquittal of Mansa Ram and his wife Parkash Devi which was admitted and registered as Criminal Appeal No. 298 -DBA of 1993. The husband Arvind Kumar filed appeal against his conviction and sentence passed under Section 304 -B of Indian Penal Code which was registered as Criminal Appeal No. I10 -SB of 1993. Since both these appeals relate to the same case and arise out of the same judgement and order, they are being disposed of by this judgement.

(2.) THE facts giving rise to these appeals are as under: The deceased Smt. Rajeshwari @ Pinki, daughter of Hans Raj informant (PW -6) was married with the appellant Arvind Kumar son of Mansa Ram, resident of House No. 2525, Sector 37 -C, Chandigarh in November 1986. According to the prosecution case, sufficient dowry commensurate with the financial position of Hans Raj was given in the marriage. The appellant Arvind Kumar and his parents Mansa Ram and Smt. Parkash Devi were, however, not satisfied with the dowry given in the marriage and they were demanding more dowry. It is further alleged that a few days after the solemnization of the marriage the father -in -law Mansa Ram, mother -in -law Smt. Parkash Devi and the husband Arvind Kumar of the deceased -wife Smt. Rajeshwari started harassing and torturing her for bringing less dowry - Smt. Rajeshwari went to the house of her parents at Pathankot and informed them that her in -laws were demanding a colour television and a scooter and were coercing her to bring the said two items. The complainant Hans Raj due to tight financial position could not meet the demand but he advised his daughter Rajeshwari @ Pinki to go back to her matrimonial house and live with her in -laws. In April 1990 the deceased Rajeshwari wrote a letter to her parents informing them that her in -laws had purchased colour television and a scooter but they were making a demand of Rs. 50,000/ - in cash. She also wrote to them that she was being beaten and taunts were hurled everyday. Consequently, Hans Raj PW -6 went to his brother -in -law (husband of the sister of the wife of Hans Raj) who resided in House No. 449/2, Sector 45, Chandigarh who was a middle -man in the performance of this marriage and he was acquainted with the whole matte. The letter was also shown to him and thereafter both went to meet Mansa Ram and his wife Smt. Parkash Devi as also Arvind Kumar and advised them not the harass Smt. Rajeshwari @ Pinki. Hans Raj assured them that he will do his best to meet their demand to some extent. Smt. Rajeshwari came to the house of her father at Pathankot in the last week of February 1991 and she informed her father about her still being mal -treated physically assaulted by her in -laws for not bringing the cash amount of Rs. 50,000/ - as dowry. She had been told either to bring the dowry or to commit suicide as she was not at all needed by them. Hans Raj again pacified his daughter and sent her back with his son Rajiv Kumar. Rajiv Kumar took his sister Rajeshwari at House No. 2525, Sector 37 -C, Chandigarh where Mansa Ram and his wife resided with Arvind Kumar. Rajiv Kumar, however, learnt that Arvind Kumar had taken a house on rent in Milk Colony, Dhanas and accordingly he went there and left his sister Smt. Rajeshwari at plot No. 110, Milk Colony, Dhauas and returned to his house at Pathankot. Hans Raj received a telegram on 14.8.1991 regarding the death of his daughter Rajeshwari @ Pinki at Chandigarh. He, along with his family, reached Chandigarh and learned that Rajeshwari @ Pinki had committed suicide by burning herself after sprinkling kerosene upon her. The report of this case was lodged by Hans Raj whose statements was recorded on 15.8.1991 by Sub Inspector Kashmira Singh PW -11 who was present in a Government vehicle in the market of Sector -11, Chandigarh in connection with the patrolling duty and for checking the crimes. The statement of Hans Raj was reduced into writing, read over to him and after Hans Raj verified the correctness of his statement, he signed the same and the Sub Inspector also attested it. The first information report of this case was registered under Section 304 -B, 306, 34 of Indian Penal Code on 15.8.1991 at 3.50 P.M. The case was registered vide daily Diary Report No. 27 dated 15.8.1991 Exhibit PM/l. The Investigating Officer reached the place of occurrence in Milk Colony Dhanas and found the dead body of Rajeshwari lying in the kitchen of the house. She had apparently died of the burn injuries. The witnesses Jagir Singh PW -4 and Umed Chand had been joined in the police party. A stove, a plastic can containing 2 -3 litres of kerosene, a match box containing 3 -4 match sticks and one burnt stick which was lying on the flour, one kolli and one karachi were lying there. The burnt stick was put into match box and made into parcel and all other articles were taken into possession vide memo Exhibit -PL. The dead body had four gold bangles, a golden chain, two ear -rings and a nose ring besides one finger ring which got smoked into blackish and had been sealed and taken into possession vide memo Exhibit -PE which was attested by the accused Arvind Kumar who was present there at that time. Thereafter, inquest report Exhibit PCA was prepared. A rough site plan was also prepared. The died body was sent to General Hospital for post mortem examination. The post mortem examination was conducted by Dr. R.M. Singh, Medical Officer, PW -1 on 16.8.1991 at about 12.40 P.M. The dead body was found badly charred. The age of the deceased was around 27 to 30 years. The body was in pugilistic attitude and there were signs of partial de -composition and discolouration at flanks, superficial to deep grade -III burns all over body involving both epidermal and dermal of skin were found. There was singing of hair of scalp, public and auxiliary hair and there was no mark of any other injury. Meanings of brain was found congested. Fine soot particles was present over mucosa of larynx and trachea. Both lungs were congested. Stomach contained semi -digested yellowish food material. Uterus was healthy and non gravid. The death was due to shock as a result of deep extensive, 100% burns which was sufficient in the ordinary course of nature to cause death. Exhibit -PA is the carbon copy of the post mortem report which was conducted on the request Exhibit -PB of the police. The time which elapsed between injuries and death was approximately 1/2 an hour and time elapsed between death and post -mortem was between 48 to 72 hours. He had received the papers at 12.30 A.M. on 16.8.1991 including the inquest Exhibit PB. The Investigating Officer recorded the statements of the witnesses and after completion of the investigations S.H.O. Vijay Kumar submitted charge sheet against the appellant Arvind Kumar and his father Mansa Ram and mother Smt. Parkash Devi.

(3.) THE learned Additional Sessions Judge framed charge against the husband Arvind Kumar, father -in -law Mansa Ram and mother -in -law Smt. Parkash Devi under Sections 304 -B, 306, 406, 498 -A of Indian Penal Code and Section 4 the Dowry Prohibition Act. The accused denied the charges and claimed to be tried.