ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred with the following prayer:-

(3.) Brief facts of the case as noticed by this Court are that the accused-appellant, Ashok Kumar, lodged a verbal report on 8/9/1991 at about 12:40 p.m. before the Police Station Padampur under Sec. 174 Cr.P.C. as an inquest, wherein he stated that he had been married to Rukmani, D/o Mangal Ram, about 2 years ago and that, he had left the house at about 7 a.m. for work, and when he returned, he found a crowd of people outside his house, from which one Ram Krishan Arora and one Mr.Baazigar informed him that his wife caught fire. And that, he then rushed into house, broke open the door and found that she passed away, by committing suicide while alighting herself on fire. Subsequent to this, the police conducted an investigation under Sec. 174 Cr.P.C. and after due investigation, on the basis of the testimony of the father of the deceased victim, i.e. wife of the accused-appellant, concluded that demands for dowry were made by the accused-appellant and his family members, with the further conclusion that they wanted to start a 'chakki ' business, and that the deceased victim had conveyed the same to him during her visit to her parents ' house during the festival of Rakhi (Raksha Bandhan); thereafter, the learned Court below took cognizance against the accused-appellant and his family members, and after trial acquitted the accused-appellant and his family members of the offences under Sec. 304B, 498A I.P.C. but convicted the accused-appellant, vide impugned judgment dtd. 28/4/1994, for the offence under Sec. 306 I.P.C. and sentenced him to 4 years R.I. along with a fine of Rs.500.00 in default of payment of which, he was to further undergo 3 months S.I.