STATE OF HIMACHAL PRADESH Vs. FAKIR CHAND

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 23.12.1996, accused were put to trial. In terms of judgment dated 2.4.1998 passed by learned Sessions Judge, Una, H.P., in Sessions Case No. 21 of 1997 titled as State of H.P. vs. Fakir Chand and others, the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that on 26.12.1996 Charan Dass (PW-1) lodged a report (Ext.PA) with the Police Post, Haroli, District Una that his sister Smt. Sarwani Devi (PW-3) was married to Ved Parkash of Village Ajoli. Ved Parkash was financially weak, therefore, their eldest daughter Smt. Maya Devi was brought up by him. On 30.10.1995 Smt. Maya Devi was married to Kartar Chand (Accused No. 2) son of Shri Faquir Chand (Accused No. 1). At the time of marriage dowry was given. However, immediately after the wedding family members of Kartar Chand started accusing Maya Devi of having brought insufficient dowry. Quite often deceased used to complain about the cruelties and the harassment meted out by the accused upon her. Even at the time of birth of the child accused had demanded dowry. Kartar Chand had demanded Rs.10,000/- which were given by the complainant to Ved Parkash to be given to him. At about 5 a.m. on 23.12.1996 two boys from Village Lalhardi came to the house of PW-3 and informed her husband Ved Parkash that Maya Devi is seriously ill. They desired the parents to accompany them. Since Ved Parkash was mentally deranged, therefore, PW-3 sent a message to the house of complainant at Sangatpur. However, on that day complainant was at Chandigarh and his daughters Sunita and Nirmala were present in the house. Sunita, Sudesh Kumari (daughter of complainant's brother Shri Bakshi Ram) and Gurmeet Singh on a motorcycle went to Village Lalhardi. There all three of them saw the dead body of Maya Devi lying in a naked condition in the kitchen of the house of Kartar Chand. On query they were told that Maya Devi had gone into the kitchen to get milk for her child and got burnt from the stove. They requested the accused not to cremate the body till arrival of the elder members of the complainant's family. However, her body was forcibly cremated by the accused. Complainant learnt about this fact on 25.12.1996 at Chandigarh and reached to his house at Sangatpur. Kartar Chand and his parents Faquir Chand and Urmila Devi (accused No.3) burnt the deceased for not having met the dowry demands. They also forcibly cremated the dead body to destroy evidence.

(3.) On the basis of the said complaint FIR No. 692 (Ext. PW 5/A) dated 26.12.1996, under Sections 304-B, 201, 34, IPC was registered at Police Station Una, H.P. Investigation was carried out by SHO Vidhi Chand (PW-5) Police Station Una, and SI Balbir Singh (PW-4). PW-5 arrested the accused. Accused Faquir Chand made a disclosure statement dated 27.12.1996 (Ext.PW-4/D) under Section 27 of the Indian Evidence Act disclosing the place of cremation of the dead body. The ash and bones from the cremation ground were taken into possession by the police. PW-4 took into possession kerosene stove, plastic Can and other articles vide memo Ext.PW-4/B dated 27.12.1996 and Ext.PW-4/C dated 26.12.1996. Statements of witnesses were recorded and with the completion of investigation challan was presented in the Court for trial.