RAM GOPAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) Mrs. Harpyari deceased, D/O Chandu Lal, PW. 8 R/o Bhusawar, was married to Rajgopal, appellant, who is R/o Mandawar, in the month of July, 1989. She is stated to have died of burn injuries in the month of Nov., 1990, to be exact on 5.11.1990. The prosecution case is that the appellant and other members of his family used to treat Smt. Harpyari for having brought insufficient and unsatisfactory dowry in her marriage. It is further stated that the appellant used to beat Smt. Harpyari and whenever she used to visit her parents' house at Bhusawar, she used to complain about the conduct and behaviour of the appellant. It is further stated that only three days before her alleged unnatural death, Smt. Harpyari had gone to her in-laws' house with her husband Ram Gopal from her parents' house but on 5.11.90 she was reported to have died of burn injuries. It was further started that though Harpyari's brother RW. 1 Budha Ram her uncle PW. 2 Sheodan Singh, her father PW. 8 Chandulal her mother and several other persons from Bhusawar had reached Mandawar yet Harpyari had been put to flames in their absence. The prosecution case thus is that the appellant had treated Harpyari with cruelty with view to force her to bring more dowry from her parents and that he caused her death within 7 years of her marriage and destroyed the evidence of crime in order to screen himself from legal punishment.

(2.) On Nov. 8, 1990 PW. 8.Chandu Lal filed a complaint before the learned Magistrate with the allegation that police had not timely acted in the matter though they had been informed by him. The learned Magistrate forwarded the complaint Under section 156(3) Code Criminal Procedure to the police station, Mandawar where PW. 10 Sohan Lal. S.H.O., registered a case Under section 498-A 304-B and 201 Indian Penal Code against the appellant and his parents on 10.11.90 and handed over the investigation to PW.11 Surendra Kumar Dy.S.P.

(3.) In the course of investigation, conducted by PW. 11 Surendra Kumar, Dy. S.R, he inspected the site of occurrence on the third day and noted the places where a 'torch' a 'bhagona', a 'stove' were kept. He arrested the appellant on 15.11.90 at 5.50 p.m. and as is stated, on 18.11.90 at 10.00 A.M. the appellant had given an information Under section 27 of the Evidence Act which led to the discovery of a five litre tin container, a 'danda' and an album, all buried in the open 'pator' adjoining the room of the appellant. After completing the investigation the appellant was chargesheeted in the court of Magistrate.