- (1.)This appeal has been preferred against judgment and Order dated 12th March, 2013 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. S-736-SB of 2003 upholding the conviction of the Appellant Under Section 304B of the Indian Penal Code ("Indian Penal Code") and sentence of Rigorous Imprisonment for seven years.
(2.)Case of the prosecution is that the Appellant was married to the deceased Rekha Rani on 7th July, 2000. After the marriage, she was harassed for having brought insufficient dowry and the Appellant raised a demand for motor cycle apart from the demands by his mother and younger brother. After about three months of marriage, the deceased gave a telephonic call to her father about the demand for dowry. Her father, Kashmiri Lal (PW-3), along with his younger brother Raghubir Lal (PW-12), met the husband of the deceased and his other relatives and pleaded that she may not be harassed as he was not in a position to give more dowry. The accused, however, continued to harass her. On 29th April, 2001, the deceased again telephoned her father about the harassment on which Raghubir Lal (PW-12) went to the house of the accused and brought back the deceased to her parental home. However, on the next day, the Appellant came to the place of his in-laws and insisted that the deceased be sent with him, threatening that otherwise he will divorce her. On this, the deceased was sent with the Appellant. Next day, on 1st May, 2001, at about 12 O'clock, information was received by the family of the deceased that she had received burn injuries and was taken to the hospital. Father of the deceased Kashmiri Lal (PW-3) along with his younger brother Raghubir Lal (PW-12) and brother in-law Guddar Mal (PW-10) reached the hospital at 2.00 P.M. where the deceased told them that she was given beatings and set on fire by the Appellant and his family members. Thereafter, the deceased died on account of extensive burn injuries.
(3.)Kashmiri Lal (PW-3) lodged the First Information Report (Exhibit PA/1). SI Rakham Singh (PW-13) conducted the investigation and sent up the accused for trial. The prosecution led evidence in support of its case comprising of relatives to prove demand of dowry, apart from medical evidence and evidence of investigation. The accused denied the prosecution allegations and stated that the deceased committed suicide on account of harassment by her uncle Raghubir Lal (PW-12) who wanted her to relinquish her rights in the parental property. The accused examined Vinod Kumar (DW-1) who had taken the deceased to the hospital and stated that her relations with the accused were cordial. Raj Kumar (DW-2) employer of the Appellant was also examined who stated that at the time of alleged incident, the Appellant was on duty.