Decided on August 17,2012

Dabal Singh And Another Appellant


- (1.) In the instant case, PW4 Narendra Singh Rawat, brother of deceased, lodged a complaint (Ext. Ka-3) on 13.06.1994 with Sub Divisional Magistrate, Lansdowne, Pauri Garhwal alleging therein that marriage of his sister Vimla Devi (deceased) was solemnized in November, 1989 with Dabal Singh son of Bachan Singh resident of Village Matiyali, Patti Talla Badal, District Pauri Garhwal. Presents were given by the parents of Vimla Devi according to their capacity in the marriage but her in-laws started harassing her for not bringing sufficient dowry. On 12.10.1993 when Vimla Devi came back to her parental home, blood was oozing out from her mouth and lips. Her husband asked her to bring Rs. 10,000/-. On her denial, he beat her with kicks and fists and ousted her from matrimonial home saying that if she does not bring Rs. 10,000/-, she need not come back (to her matrimonial home). On 13.10.1993, she was medically examined in Govt. Hospital situated in Cantt. Fatherin-law of victim came to them on 14.10.1993 and gave in writing that his son has beaten victim. Husband Dabal Singh used to serve in Delhi when he was married to victim. Thereafter he lost his job, became unemployed and resided in his village. He was unable to maintain his wife. Victim was helped by her brothers. On 09.03.1994, victim was handed over to her husband in panchayat. There also, she was beaten up by him. On 05.05.1994, when PW1 Hari Singh came on leave from army, victim came to meet her brothers. She told that her husband and father-in-law want money, as they were going to perform puja. PW1 Hari Singh gave her Rs. 600/-. Thereafter, she left for her matrimonial home. On 10.06.1994, Gram Pradhan of village Mathali sent two villagers to them informing that the victim has sustained burns. On receiving this news, the informant along with his elder brother Hari Singh and other villagers reached the matrimonial village of victim. Village Pradhan informed them that victim has died. Since it was 8:00 p. m. therefore, they did not go to the matrimonial home of victim in the night. They reached there next morning. They tried to see their sister, but they were not permitted to see her dead body. They suspected that she was the victim of non-fulfillment of dowry. A complaint was thus written.
(2.) After completing investigation, a charge sheet against the accused-appellants Dabal Singh and Bachan Singh was filed for the offences punishable under Section 498-A/34 and Section 304-B/34 IPC. Bachan Singh was the father of Dabal Singh.
(3.) Trial began before learned Sessions Judge. Charges against accused Dabal Singh and Bachan Singh were framed for the offences punishable under Sections 304-B/34, 498-A/34 IPC and Section Dowry Prohibition Act, to which accused persons pleaded not guilty and claimed trial. Prosecution examined as many as 08 witnesses, viz. , PW1 Hari Singh, PW2 Smt. Kesari Devi, PW3 Raje Singh, PW4 Narendra Singh Rawat, PW5 Doctor S. D. Uniyal, PW6 Doctor S. P. Naithani, PW7 Mohan Singh (Patwari) and PW8 Raghunath Singh (retired Naib Tehsildar). All the evidence was put to accused persons. Statements of the accused-appellants under Section 313 Cr. P. C. were recorded in which they said that victim herself set her on fire. In defence, one witness i. e DW1 Khushal Singh (village pradhan of the village where the incident took place) was produced.;

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