- (1.)This appeal is directed against the judgment dated 26th March, 2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.529-SB of 1994. By the impugned judgment the High Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 304B IPC for which he stands sentenced to undergo RI for seven years.
(2.)The case of the prosecution is that Phullan @ Darshana, (deceased) was married to the accused-Manohar Lal about 5 years prior to her death which took place on 27th August, 1991. She was subjected to harassment for dowry and finally she died on account of burn injuries. Raj Rani (PW-1), mother of the deceased on learning about the incident, went to Civil Hospital and found the victim dead. Thereafter she made statement (Exh.PD) before the Police at 12.05 P.M. on 28th August, 1991, on the basis of which FIR was registered. Apart from the appellant, his brothers Krishan Lal, Harbans Lal, his father Gopal Dass, mother Shanti and wife of the brother Smt. Champa were also made accused.
ASI Surat Kant (PW.9) investigated the case and recorded the D.D.R.-Ex. P.M. on the statement of Hans Raj(PW.8) and Sat Pal. He then alongwith the above-said persons went to the house where the death took place and prepared the inquest report -Ex.P.H./1. He took into possession one pipi -Ex. P.7, steel bowl -Ex. P-8, burnt match sticks Ex.P.9 to Ex.P.11 and half burnt piece of cloth alongwith some cash. .After sealing the same into separate parcels with the seal of SK, vide recovery memo Ex. P.N. attested by PWs site plan-Ex.P.O. was also prepared by him with correct marginal notes. Photographs of the dead body were also taken by Swaran Kumar (PW.7). The dead body was sent to the Civil Hospital, through constable Krishan Lal, for post-mortem examination. On the next day, Raj Rani(PW.1) made her statement -Ex.P.D. on which endorsement -Ex.PD/1 was made and on the basis of which formal FIR -Ex.P.D./2 was recorded by ASI- Ram Krishna. Krishan Lal, Constable produced before him one pair of ear rings of gold which were made into a parcel and sealed with the seal SK and taken into possession vide recovery memo Ex.P.P.. The accused were arrested on 30th August, 1991 and dowry articles were recovered and were taken into possession vide memo Ex.P.O. Complainant-Raj Rani (PW.1) also produced before him the list of Kanayadan Mark A. After completion of the investigation, all the accused were charge-sheeted for offence under Section 498-A /34 IPC and Section 304B/34 IPC, to which the accused pleaded not guilty and claimed trial.

(3.)The prosecution examined altogether nine witnesses and placed on record the documentary evidence. Defence also produced Ram Prakash as defence witness. The Trial Court after hearing the parties and on appreciation of evidence by the judgment dated 25th August, 1994 convicted the appellant for the offence punishable under Section 304B IPC and sentenced him to undergo RI for seven years. The rest of the accused i.e. his brothers Krishan Lal, Harbans Lal, his father Gopal Dass, mother Shanti and wife of the brother Smt. Champa were acquitted by the Trial Court on the ground that they were all residing separately at a far place from the place of occurrence where deceased was living with the appellant.