- (1.) Learned Second Additional District Judge, Haridwar, vide its judgment dated 2nd December, 1996 held all the three accused, namely, Mukesh Bhatnagar, Rajesh Bhatnagar and Smt. Kailasho @ Kailashwati, guilty of an offence punishable under Section 304B of the Indian Penal Code, 1860 (IPC) for causing the death of Smt. Renu motivated by non-payment of dowry demands and sentenced all of them to undergo life imprisonment. Against this judgment, the appellants preferred an appeal before the High Court. The High Court vide its judgment dated 14th October, 2009 dismissed the appeal of all the accused confirming the conviction and order of sentence passed by the learned Trial Court. Aggrieved therefrom, two of the accused have preferred separate appeals. Criminal Appeal No.851 of 2010 has been preferred by the accused Rajesh Bhatnagar while Criminal Appeal No.850 of 2010 has been preferred by Mukesh Bhatnagar. As both these appeals arise from a common judgment, we shall dispose of these appeals by this common judgment. The prosecution filed a charge sheet in terms of Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.). After completing the investigation and examining the witnesses, the investigating officer presented the charge sheet stating that these three appellants had committed an offence punishable under Section 304B IPC as together they had burnt, by pouring kerosene, Renu, the deceased wife of the accused Mukesh Bhatnagar, as she and her parents failed to satisfy their demands of dowry.
(2.) The facts, as they appear from the record of the case, are that Ms. Renu (deceased) was daughter of Smt. Vimla Devi Bhatnagar, widow of Rajbahadur, resident of Mohalla Kayasthwada, Sikandrabad, Police Station Bulandshahar. Vimla Devi had sought a marriage alliance for her daughter Ms. Renu. Finally, the mother of Ms. Renu and Mukesh s family had agreed to alliance of marriage between Mukesh and Renu. When the engagement (sagai) ceremony was to be performed at the house of Mukesh, family of Ms. Renu along with their relations, Sanjay Bhatnagar, Shailendera Bhatnagar and others had gone to the house of Mukesh. At that time itself, Mukesh, his brother Rajesh and his mother Kailasho (all the accused) demanded a refrigerator as dowry. The mother and relations of the deceased expressed their inability to buy a refrigerator but their request brought no results and the accused family pressurized them to pay Rs.10,000/- for purchasing the refrigerator then and there. Upon persuasion by their own relations, the family of Ms. Renu paid a sum of Rs.10,000/- to Rajesh Bhatnagar for purchasing the refrigerator, whereafter the ceremony was performed. On 26th May, 1994, the marriage between the parties was solemnized as per Hindu rites at Roorkee. The family of Ms. Renu had come to Roorkee from Sikandrabad to perform the marriage at Roorkee to the convenience of the boy s family. After performing the marriage, Ms. Renu went to her matrimonial home while her other family members came back to their house at Sikandrabad (Bulandshahar). Not even one and a half months of the marriage had elapsed but Mukesh is stated to have brought Renu to her parental home, where he informed her family that a television and a cooler had not been given as dowry in the marriage and these articles should be given immediately. If this was not done, he would not take Renu back to her matrimonial home. The members of Renu s family tried to impress upon Mukesh not to pressurize them so much, but Mukesh persisted with his demands. At that time, Ms Renu also informed her family members that all the accused persons were beating her frequently for not bringing television and cooler as part of the dowry. However, left with no alternative, the mother and uncle of Ms. Renu assured Mukesh that everything would be settled and he need not worry. However, the television and cooler were not given at that time. The behavior of the accused towards Ms. Renu did not change and whenever she came to her parental home, she complained about the behavior of her in-laws and demands of dowry from them. She even wrote letters to her family from time to time complaining of cruel behavior of the accused towards her. In May 1995, Ms. Renu gave birth to a male child. On 18th October, 1995, unfortunately, the father of Ms. Renu expired and thereafter the family was not able to meet the dowry demands raised by the accused persons. Sometime in the second week of November 1995, Ms. Renu came to her parental home at 11.00 p.m. in the night. She was alone and had not even brought her child with her. Being surprised, her mother had asked her what had happened. She started crying and informed her mother and uncle that the accused persons were very unhappy, as the television and cooler had not been given and they had turned her out of the matrimonial home, refusing to even give her, her child. The mother and the uncle tried to pacify Ms. Renu and told her that with the passage of time, things would get settled and she should go back to her matrimonial home. After 20-25 days, Mukesh came to his in-laws house. During their meeting, the mother and uncle of Ms. Renu told Mukesh to treat her properly and said that the child should not be kept away from Ms. Renu. They also assured him that as soon as they could make some arrangement, they would give the television and cooler to Mukesh. After this assurance, Mukesh took Renu with him to the matrimonial home. While leaving, Renu told her mother that though they were sending her to her matrimonial home, her in-laws would kill her and she may not come back at all.
(3.) On 17th February, 1996, the uncle of Renu received a call from PW3, Anoop Sharma, resident of Roorkee, informing him that some accident had taken place and Renu was not well. He asked them to come to Roorkee immediately. Mother and uncle of Renu came to Roorkee, where they learnt and believed that for failing to give television and cooler, Renu s mother- in-law, brother-in-law and husband had sprinkled kerosene and set Renu on fire. Before setting her on fire, accused Mukesh had also beat her and when Renu attempted to defend herself, even Mukesh received some bruises on his person. On 17th February, 1996 itself, the mother of the deceased lodged a complaint with the Police Station Gangnahar, Roorkee and case No.32 of 1996 under Section 304B IPC was registered on that very day.;