LOVELY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 27.07.2011, vide which accused-appellant no.1-Lovely Kumar and accused-appellant no.2-Sita Rani have been held guilty and convicted for the offence punishable under Sec. 304-B of the Indian Penal Code, 1860 ('IPC'-for short) and the order of sentence of the even dated, vide which they have been sentenced as under :- Name of the Convicts U/S R.I Fine In default Lovely Kumar 304-B Penal Code 15 years Rs.20,000.00 Rigorous imprisonment of two years Sita Rani 304-B Penal Code 15 years Rs.20,000.00 Rigorous imprisonment for two years

(2.) The brief facts giving rise to this prosecution are that deceased Jyoti Arora daughter of complainant Vipan Kumar Arora was married with accused-appellant-Lovely Kumar on 02.05.2004 according to Hindu Rites and Ceremonies. She gave birth to two children namely son Anshu aged about four years and daughter Disika aged about nine months. After two months of the marriage both the accused-appellants started harassing and maltreating deceased-Jyoti Arora for demand of dowry. They used to say that she has not brought the good gifts, whereas the parents of the daughters even give the cars. The deceased has been telling all these facts to the complainant. They also had been convincing their son-in-law Lovely Kumar and his mother Sita Rani. Many a times accused Lovely Kumar, the son-in-law of the complainant used to leave the deceased at their house after giving her beatings. The complainant had been fulfilling their demands as per his financial capacity. But, even then their lust for dowry could not be satisfied. About two years back, the marriage of the sister of Lovely Kumar was solemnized and they have given a car in the marriage. After that the accused started harassing and torturing deceased-Jyoti that they had been given a car to their daughter in the marriage, she should also bring the car from her parents. Deceased-Jyoti told the complainant but, he said that he has already given the dowry more than his financial capacity and now it is not possible for him to give anything more. After that they started maltreating/beating the deceased and also threatened to kill her. The complainant, his wife-Kiran and his son-Pawan Kumar went to the matrimonial house of Jyoti and explained their inability and pleaded before them. Accused-appellant Lovely Kumar said that the house was in the name of his mother-Sita Rani. They should purchase for him a separate plot or a residence to end the daily dispute. The complainant replied that he cannot fulfil this demand. He will help whatever possible after the marriage of his son. On 26.08.2009 Jyoti gave a miss call from mobile phone no. 92179-24193 to the mobile phone number of the complainant i.e. 99155-90985. Then, he gave the back call and deceased-Jyoti told him that the accused-appellants have extremely harassed her. It is very difficult for her to live there. They should take her from there. He advised his daughter on telephone that they will come on the next morning and will take her back. On 27.08.2009, at about 7.00 a.m. complainant along with his wife-Kiran and son-Pawan Kumar accompanied by Neetu went to the matrimonial house of Jyoti and found that the dead body of Jyoti was lying on the ground in the lobby of the house. There were signs of hanging on the neck. The complainant stated that his daughter has been hanged by the accused-appellants due to nonfulfillment of their demand of dowry. On the statement of complainant-Vipan Kumar Arora Ex.PD, PW-10 SI Lekh Raj made his endorsement Ex.PL and sent the same to the Police Station for registration of the case. On the basis of which, the formal FIR Ex.PL/1 was registered and investigation initiated.

(3.) Thereafter, PW-10-SI Lekh Raj went to the spot at house no. 23, Nirankari Colony, Amritsar. The dead body of Jyoti was lying in the lobby. He inspected the spot. He took into possession one 'dupatta' in torn condition belonging to the deceased, which was converted into sealed parcel and was taken into possession vide memo Ex.PF. The Investigating Officer carried out the inquest proceedings and prepared the inquest report Ex.PM and dead body of Jyoti was handed over to Head Constable's Deva Singh and Daljit Singh for getting the postmortem examination conducted vide application Ex.PC/1. He also got collected the photographs of the place of occurrence. The Investigating Officer prepared the rough site plan of the place of occurrence Ex.PN. He carried out the search of the house and from the bed room of Lovely Kumar and deceased-Jyoti a suicide note Ex.PQ written by deceased-Jyoti in Hindi was recovered from the books of the children, which was taken into possession vide memo Ex.PG. Both the accused-appellants were arrested on the same day. During investigation, the Investigating Officer also collected the call details of mobile phone of deceased-Jyoti bearing no. 92179-24193. He also collected the record of account no.2311 from Punjab @ Sind Bank, Fatehgarh Churian Road, branch, Amritsar in the name of accused-Lovely Kumar and deceased-Jyoti. He also took into possession the admission record of Anshu vide memo Ex.PJ. The suicide note Ex.PQ, record of account no. 2311 Ex.PT and admission record of Anshu were sent to Forensic Science Laboratory, Chandigarh, Punjab ('F.S.L.'-for short) for getting compared the hand writing of the deceased in the suicide note. The report of the F.S.L Ex.PX was received. Thereafter, on completion of the investigation, the report under Sec. 173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'-for short) was presented in the Court.