JUDGEMENT
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(1.) Appellant stood trial for commission of an offence under Section
304B of the Indian Penal Code in connection with unnatural death of his
wife Sushma Rani.
(2.) They were married on 11.03.1986. An engagement ceremony took place
twenty days prior thereto. A demand for dowry was made. It was met in
part. A sum of Rs. 25,000/- by way of a demand draft was handed over to
the husband"s family at Mansa when shagun ceremony was performed.
Allegedly another sum of Rs. 11,000/- was paid in cash, as further demand
was made by the family of the appellant. However, allegedly at the time of
marriage the parents of the appellant demanded a further sum of Rs. 40,000/-
in cash which could not be fulfilled. For non-fulfillment of the said demand,
the deceased was allegedly tortured.
(3.) Appellant had sent a telegram on 16.04.1988 to Des Raj stating:
"MUTUAL MISUNDERSTANDING REACH
IMMEDIATELY RAMESHWAR"
On or about 4.06.1986, Sat Paul, brother of the deceased (PW-1),
visited the house of his brother-in-law Raj Kumar (PW-2), which is situate
in the village, where the incident took place and stayed there for the night.
On the morning of the next day, both of them visited the house of the
appellant. Appellant and the deceased were found quarreling with each
other on account of demand of dowry of Rs. 40,000/-. He tried to pacify
them. Appellant left his house at about 9 a.m. Sat Paul and Raj Kumar also
went to the town. However, when they returned after three or four hours, the
house was found to be locked. On an enquiry having been made from the
neighbours, they were informed that the deceased had been taken to hospital
as she had consumed something. At about 1.30 p.m., they reached the
hospital at Bhatinda and came to know that Sushma Rani had expired. She
admittedly was pregnant at that time.;
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