DALIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed by Daiip Singh appellant against the judgment and order dated 24.2.1997 whereby the learned Addl. Sessions Judge, Post Alwar held the appellant guilty of the offence under sections 304B & 498 Penal Code and convicting him therefor sentenced him to ten years R.l. under section 304B and three years R.l. and fine of Rs. 500.00 under section 498-A IPC. Facts relevant & sufficient to dispose off the present appeal are these:-

(2.) Smt. Arbeli Kuer (25), the deceased was married to the appellant some times in the year 1993-94. She died of asphyria by ante-mortem drowning at her husbands house at Livari on 2.1.1996. Her abnormal death was reported to the Station House Officer (SHO) at Police Station, Sadar, Alwar on 3.1.196 by her father Makhan Singh R/o village Sadpuri under Police Station Nagar, Distt. Bharatpur. In the written report Ex.D. 1 it was alleged that the appellant and other members of his family used to harras and treat the deceased with cruelty to meet their unlawful demand for Motor cycle, Television etc. and that such demand for dowry and that such demand for dowry had been made by them on 27.12.95 when she was turned of her merital house & came to her parental house. It was also alleged that on 1.1.96 the appellant had himself visited informants house where he had made demand for the above- mentioned property. Makhan Singh further stated in the report that on 1.1.96 Smt. Harbeli Kuer was sent to her in-laws house alongwith applicant's aunt but in the following morning Vazir Singh R/o Sadpuri informed him that the appellant and other members of his family had beaten the deceased for demand for dowry and thrown her thereafter in the well. The SHO registered crime No. 7/96 under section 304B, 498A Penal Code on the basis of this report and after completing the investigation submitted a police report under section 170/173 Cr.PC. against the appellant and three other members of his family. After conducting the trial of all the four accused the learned Addl. Sessions Judge acquitted the other three accused in the case of the charges under sections 304B, 498A Penal Code but convicted & sentenced the present appellant in the manner stated above.

(3.) Mr. A.K. Gupta, the learned counsel for the appellant vehemently urged that the learned Judge did not appreciable the evidence on record in right perspective and the normally of human conduct & behaviour were overlooked. The learned counsel further submitted that howsoever grave and condenable a case of dowry death may be, the prosecution cannot succeed in "such a case without bringing the foundational incriminating facts against the accused on the record of the case and such basic facts were missing in the present case. It was pointed out by Mr. Gupta that the definition of the term dowry" in the Dowry Publication Act, 1961 does not embrace within disambit the demand for any property, if at all made in a cases of which never made in the present case, made subsequent to the marriage.