Decided on July 24,2012



- (1.) In the present criminal appeal, criminal law was set into motion at the instance of informant Bhagat Singh Aswal, brother of the deceased. In his complaint (Ext. Ka-5) submitted to Sub Divisional Magistrate, Kotdwar on 26.08.1995, the informant stated that he was working as Rifleman in the Indian Army and was a resident of village Jamal (Dabralsuin). It was also stated that his sister was married to Yogambar Singh s/o Govind Singh, resident of village Teel (Bhawansi), Post Bhawansi, Patti Ajmer (Valla) in the month of April 1993 according to Hindu rites and rituals. It was alleged that one year after her marriage, the sister of the informant was subjected to cruelty by her in-laws for non-fulfillment of demand of dowry and ultimately his sister was told to bring Rs. 50,000/- from her parents and brother. The informant in his complaint stated that being a soldier he could not afford to fulfill such a huge demand and as a result, his sister was done away with on 14.07.1995. His father was forced to put his signatures on some papers under compulsion. Dead body of his sister was cremated on 15.07.1995 by 17 persons without obtaining medical report. The delay in lodging the complaint was also explained by the informant saying that he received the news one month later during his posting at border area and he could reach the village on 20 th August only to know from his parents that his sister was done away with for demand of dowry.
(2.) On the basis of said complaint the Sub Divisional Magistrate directed the Naib Tehsildar and Patwari, Ajmer Valla to lodge an FIR on 26.08.1995 and start investigation of the case. Subsequently an FIR was filed. On the basis of said FIR, chick FIR (Ext. Ka-7) was lodged on 03.09.1995 at 11:00 P.M. and a Case Crime No. 01 of 1995 was registered against accused Govind Singh, wife of Govind Singh, Yogambar Singh, Meharban Singh and 17 others in respect of offences punishable under Section 304-B, 498-A and 201 of IPC. After completing the investigation, the Investigating Officer submitted charge sheet (Ext. Ka-13) against the accused persons in respect of offences punishable under Sections 304-B, 498-A, 201, 386, 120-B of IPC and the other punishable under Section 3/4 of the Dowry Prohibition Act.
(3.) Trial began before learned Addl. Sessions Judge. Charges against accused Govind Singh, Sushila Devi, Yogambar Singh, Meharban Singh and 17 others were framed relating to offences punishable under Sections 498-A / 34, 304-B / 34 and 201 / 149 of IPC to which accused persons pleaded not guilty and claimed trial. On this, prosecution examined P.W.1 Bhagat Singh Aswal, P.W.2 Mahipal Singh, P.W.3 Maal Singh and P.W.4 Anand Prakash Balodi. All the oral and documentary evidence was put to accused persons. Statements of the accused persons under Section 313 of Cr.P.C. were recorded in which they said that the evidence against them was false and they have been falsely implicated in the case. Accused Govind Singh in his statement pleaded that the deceased died of cholera. In defence D.W.1. Dr. Devi Prasad Dabral was produced.;

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