DHARAMPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated February 22,1995, passed by the Additional Sessions Judge, Amritsar, by which Dharam Pal, appellant, has been convicted under Sections 304-B and 498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 200.00 and in default of payment of fine, to undergo further rigorous imprisonment for one month under Section 304-B, Indian Penal Code, and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100.00 and in default of payment of fine, to undergo further rigorous imprisonment for one month under Section 498-A, Indian Penal Code. Both the substantive sentences imposed upon the appellant were, however, ordered to run concurrently. Ashok Kumar, Kartaro and Ravi Dass, co-accused of the appellant, were acquitted of the charges under Sections 304-B and 498-A of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is that Chhindi Devi (since deceased), daughter of Gian Chand (P. W. 2), was married with accused Dharam Pal on February 20,1992 and after the marriage, they lived at Amritsar. Out of this wedlock, one son was born to Chhindi Devi who was aged three/four months, when the occurrence took place on June 2,1993. As Dharam Pal accused was not satisfied with the dowry given to Chhindi Devi at the time of marriage, so he alongwith other co-accused (since acquitted) used to maltreat his wife Chhindi Devi for bringing less dowry. Chhindi Devi used to tell his father Gian Chand that the accused were demanding Rs. 20,000.00 and a motor-cycle and, in fact, she had demanded that amount alongwith motor-cycle from her father Gian Chand on several occasions when she had visited her parental house. Four/five months after the marriage, Gian Chand had given Rs. 3,000.00 to his daughter Chhindi Devi but she again informed him that her husband was dissatisfied with that amount. She was again sent to her parental house to bring more money but nothing was paid by Gian Chand. At that time, Chhindi had also told his father that if the amount was not paid, the accused would kill her. On June 2,1993 at about 7. 00 a. m. , Gian Chand received a telegraphic message that Chhindi Devi had died due to burn injuries in the house of Dharam Pal accused; whereupon he went to Amritsar and reported the matter to the police vide his statement, Ex. PC; on the basis whereof this case was registered against the accused and his brother Ashok Kumar, mother Kartaro and father Ravi Dass. The police prepared inquest report, Ex. PD, and took into possession plastic can and match-box vide recovery memo, Ex. PE, and some pieces of partly burnt clothes vide recovery memo, Ex. PF. Dr. Gurmanjit Singh (P. W. I), conducted post-mortem examination on the deed body of Chhindi Devi on June 3,1993 and found the following injuries on her body:

(3.) WHEN examined under Section 313, Criminal Procedure Code, the appellant denied all the prosecution allegations, pleaded alibi and stated that he was living separately from his parents; that there was only one flush latrine which was being used by the family members of Yash Pal; that there was some dispute over the use of the said flush latrine by the children and that after quarrelling, his wife Chhindi Devi went to her room where she struck against a burning stove and her clothes caught fire. He further stated that his mother Kartaro rushed to the spot to help Chhindi Devi and that her feet also received burn injuries.