- (1.)The appellants faced trial before the IIIrd Additional Sessions Judge, Nainital, Camp Haldwani in Sessions Trial No. 281 of 1991 for offences punishable under Section 302 read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC'), Section 304B read with Section 34 of IPC, Section 498A of IPC and Section 201 of IPC. Sessions court acquitted all of them; but in appeal by the State, the High Court convicted them under Section 304B read with Section 34 of IPC, Section 498A of IPC and Section 201 of IPC and sentenced them for seven years rigorous imprisonment, two years rigorous imprisonment with fine of Rs.2,000/- and one year rigorous imprisonment, respectively, for each of them. Hence, this appeal.
(2.)It is the prosecution case that the marriage between the second appellant- Narendra Singh-son of the first appellant-Vijay Pal Singh and the deceased Saroj daughter of Ramesh Singh took place on 10.02.1991. PW-1 was informed on 25.05.1991, by the first appellant-Vijay Pal Singh through his son Rakesh Singh that Saroj was found missing from the intervening night of 23/24th May, 1991. This information, PW-1 received around 08.00 a.m. on 25.05.1991 and, thereafter, he lodged a complaint at the Police Station, Jaspur. On the same day, PW-2-Samar Pal Singh, Village Pradhan, lodged a report at Police Station, Dillari stating therein that one Sukhe had informed him that he had seen a dead body of an unknown woman in burnt condition in the forest area on the side of the road. Thereafter, the case was registered under Section 302 read with Section 201 of IPC. PW-8-Ashok Kumar was entrusted with the investigation. The usual formalities on inquest etc. were undertaken and the body was sent for postmortem examination. PW-10-Dr. S. K. Arora conducted the postmortem on 26.05.1991 at 04.40 p.m.
(3.)Ramesh Singh-father of the deceased, on 26.05.1991, lodged another petition at Police Station, Dillari alleging that his daughter Saroj, aged about 20- 22 years, had got married on 10.02.1991 and after the marriage, his daughter had gone back to her in-laws' house at Kasampur, Police Station, Jaspur, District Nainital with her husband Narendra Singh two times, and the third time on 19.05.1991, his son-in-law Narendra Singh had come at 12 noon and had taken Saroj along with him at 04.00 p.m. It was alleged that the appellants were continuously making dowry demands for television, fridge and cooler and he had given them an assurance to fulfill the same, if given some time. But due to his weak economic position, he could not fulfill those demands immediately. When the husband came to Ramesh Singh's house to take back his daughter Saroj to her matrimonial home for the second time, he was accompanied by his father Vijay Pal Singh, his younger brother-Rakesh Singh and his brother-in-law-Gyan Chandra and all of them had threatened him with dire consequences if the dowry demands were not fulfilled. They also threatened to cause harm to her in case the dowry demand was not fulfilled. The said incident took place in the presence of the family members of PW-1-Ramesh Singh, people in the neighbourhood and some villagers also. It was further alleged that his son- in-law Narendra Singh went along with his daughter on the assurance that their dowry demands would be fulfilled. On 25.05.1991, at about 08.00 a.m., Rakesh Singh came to his house and told him that Saroj had been missing since the intervening night of 23/24th May, 1991. Ramesh Singh thereafter went to Kasampur and enquired about Saroj but could not get any information about her.