STATE OF PUNJAB Vs. BIR PAUL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28-11- 1994 passed by Additional Sessions Judge, Jalandhar, whereby he acquitted the accused-respondents of the charge under Section 304-B of the Indian Penal Code framed against them.

(2.) The facts required to be noticed for the disposal of this appeal are that father of Indu Bala, deceased, suffered a statement, Ex. PA, before the police on 16-1-1992 alleging therein that he is the resident of village Bassi Kalan. His elder daughter Indu Bala, deceased, was married to accused-Bir Paul about two years back and Indu Bala was blessed with one son, who was 10-11 months old. He further disclosed that no dowry was given to Indu Bala deceased at the time of her marriage with accused-Bir Paul. He has also alleged that her husband and father-in-law of the deceased respectively had been torturing her and even had been giving beating to her on the ground that her father had not given dowry at the time of the marriage. He further stated that he was a poor man and he preferred to keep silent. Rather he advised his daughter and send her along with her husband to her matrimonial home. He has also disclosed that he requested his son-in-law not to maltreat his daughter. He has also stated that his younger son Pawan Kumar had gone to meet his sister Indu Bala deceased on 13- 1-1992 to Nawanshahar. He stayed lor one night at the house of Indu Bala. On return, Pawan Kumar informed his father Gulzar Chand that both the accused were mal-treating Indu Bala and they were asking her to bring Rs. 25.000/- from her parents as accused Bir Paul was to purchase a Hero Honda, motor bike. Complainant told his son Pawan Kumar that shortly after getting some time, he will go to the house of the accused and try to make them understand. On 16-1-1992 one Bhupinder'Paul Singh alias Bobby, resident of Bassi Kalan, who at that time, was living in Nawanshahar came to him and informed him that his daughter Indu Bala had died on account of burn injuries. After getting this news, Gulzar Chand (P.W. 1) accompanied his son Pawan Kumar and Bhupinder Paul Singh (P.W. 7) reached Nawanshahar and found the dead body of Indu Bala with burn injuries lying in the house of the accused. The allegations made by the complainant were that his daughter Indu Bala had ended her life after having been tortured by the accused for demand of dowry. On the statement of Gulzar Chand, Ex. PA, Assistant Sub-Inspector Rarn Lubhaya made his endorsement, Ex. PA/1 and sent the same to Police Station Nawanshahar, where formal First Information Report, Ex. PA/2 was recorded. Assistant Sub-Inspector Ram Lubhaya then proceeded to the place of occurrence situated in Mohalla Ravi Dass Nagar, Nawanshahar. The dead body of Indu Bala was lying on the roof of the house, where the Investigat- . ing Officer prepared the inquest proceedings Ex. PE. In the presence of Gulzar Chand, Pawan Kumar and Bhupinder Paul Singh P.Ws. By moving application, Ex. PF, the Investigating Officer got conducted the postmortem examination on the dead body of Indu Bala. He had taken into police possession half burnt chair from the place of oc- currence vide recovery memo Ex. PB. Rough site plan of the place of occurrence with correct marginal notes was prepared by the Investigating Officer, who stepped into the witness box as P.W. 8. After post-mortem examination, Bhupinder Singh Constable handed over a pair of Pajeb to the Investigating Officer, which was taken into possession vide recovery memo Ex. PJ. Both the accused were produced before Assistant Sub-Inspector Surinder Kumar (P.W. 9) on 21-1-1992 when they were arrested in the present case. After completion of necessary formalities, accused were sent up for trial.

(3.) Accused were charge sheeted under Section 304-B of the Indian Penal Code, to which they did not plead guilty and claimed trial.