- (1.) These appeals by special leave challenge the judgment of the High Court by which the conviction of the appellants for offence under Section 201 of the Indian Penal Code has been upheld.
(2.) The appellants in Cirminal Appeal No. 151 of 1997 are family members of Baldev Singh. Appellants Nos. 3 and 5 are brothers of Baldev Singh and appellant No. 1 is wife of appellant No. 3 whereas appellant No. 6 is wife of appellant No. 5. Appellant No. 7 is sister of Baldev Singh. Baldev Singh is son of Appellant No. 2 who has since died and, therefore, the appeal in so far as the said appellant is concerned has abetted. The sole appellant, Harjap Singh, in Criminal Appeal No. 227 is family friend of Baldev Singh.
(3.) The case of the prosecution in brief is as under : Baldev Singh was married with Manmohan Kaur in the year 1979. It is alleged that Baldev Singh was harassing Manmohan Kaur for not bringing sufficient amount of dowry. She visited house of her father in village Nangal Thindal on 21st June, 1985 and told him that a demand of Rs. 30,000/- was still continuing from her husband and she has been told to return to her husband's house only with the said amount and in case the amount is not arranged, she need not return to her matrimonial house. Her father, PW 4 (Harbans Singh), however, sent back his daughter to her matrimonial house with assurance that he would soon visit the house of her in-laws and settle the matter there. Manmohan Kaur left behind her three years old daughter at her parents house. On 22nd June at about 2.35 p.m. Baldev Singh came to the house of his father-in-law and informed him that Manmohan Kaur was missing from the house since early morning that day. Harbans Singh told his son-in-law that she had come to him only a day before and was complaining about her harassment on account of the demand of Rs. 30,000/- made by him, his parents, sisters, sisters-in-law and brothers as dowry and asked his son-in-law to have a thorough search of Manmohan Kaur. Harbans Singh also asked his son-in-law to send information to him immediately when she is found and on his own he went out along with his relatives to search his daughter. He could not succeed in his attempt and on his return to his village on 23rd June, he learnt that dead body of Manmohan Kaur had been traced by her in-laws. Immediately, Harbans Singh rushed to the house of the in-laws of Manmohan Kaur. On reaching there, he saw the dead body of Manmohan Kaur being consigned to flames at the cremation ground. On enquiry from Baldev Singh and his parents as to why they did not wait for his arrival, Harbans Singh was told that dead body was cremated by them after informing the Police and after completing the necessary formalities and also that it was getting decomposed and they could not have waited any longer for his arrival for cremation. On 24th June, Harbans Singh filed a written application (Exhibit PD) with the Senior Superintendent of Police, Hoshiarpur expressing his doubt that his daughter has been murdered by her in-laws for not bringing sufficient dowry. It was mentioned therein that he was suspecting the appellants besides Baldev Singh and his father. The complaint of Harbans Singh was sent to the SHO with the endorsement dated 4th July, 1985 to the effect that prima facie case falls under Section 306, I. P. C. and that the case should be registered. The formal FIR under Section 306 was registered on 4th July and investigation conducted whereafter challan was filed and case committed by Magistrate to Court of Session for trial under Section 306/201, I. P. C.;