DALBIR Vs. JAGE RAM

JUDGEMENT

(1.) This is a criminal revision filed by Shri Dalbir and has been directed against the judgment dated 16th January, 1997, passed by the Court of Additional Sessions Judge, Sonepat, who acquitted respondents Jage Ram, Baljit, Subhash and Smt. Pataso for the offence under Sections 304B and 406 read with Section 34 of the Indian Penal Code.

(2.) According to the allegations of the complainant, Smt. Saroj died under unnatural circumstances in the house of her in-laws on account of the demand of dowry within 7 years of her marriage and that respondent Nos. 1 to 4 were harassing her and used to make demand from the deceased with regard to dowry items etc. According to Shri Dalbir, who is the real brother of the deceased, and who appeared as PW1 before the Trial Court, Smt. Saroj was married to accused-respondent Shri Baljit about 5 years prior to her death which took place on 18th October, 1994. According to the complainant, immediately after the marriage all the respondents started harassing and beating his sister for not bringing sufficient dowry in the marriage. The complainant tried to satisfy the demands of the respondents. At one time the complainant parted two buffaloes and on the other time one old Maruti Van worth Rs. 65,000/- was given to the respondents, so much so a sum of Rs. 20,000/- was also given to the respondents. This amount was borrowed by the complainant from Smt. Indira Wati. Yet another demand of Rs. 50,000/- was made by the respondents but this demand could not be satisfied by the complainant or by the deceased and for this reason the respondents started harassing and humiliating the deceased and even extended a threat to kill her.

(3.) Story of the prosecution further proceeds that on 18th October, 1994 a person from village Mehmoodpur informed the complainant in village Lakhan Majra that his sister was seriously ill. However, the complainant came to know from village Mehmoodpur that his sister had been killed in the fields by the respondents. Resultantly, the complainant went to the house of the respondents and saw the dead body of his sister lying in a room of the tubewell. The matter was reported ultimately to Police Station Gohana vide complaint dated 25th October, 1994 (Ex. PA). On the basis of this complaint formal FIR Ex. PA/1 was recorded at Police Station Gohana by S.I. Parkash Chand (P.W. 5) on 25th October, 1994 at 5.30 a.m. The Investigating Officer prepared the site plan (Ex. PE) and also recorded the statements of various witnesses and arrested the accused on 31st October, 1994. He arranged autopsy on the dead body of Smt. Saroj on 19th October, 1994 and Dr. Krishan Lal, however, did not see any injury on the person of the deceased. Resultantly, the viscera was sent to the office of the Chemical Examiner in order to determine the cause of death. The Director, Forensic Science Laboratory vide report (Ex. PG) found that the death of the deceased had taken place due to consumption of celphos (poison).