ANIL KUMAR SHARMA - (1.) CHALLENGE in this appeal is to the judgment and order dated 04.10.2010 passed by Additional Sessions Judge, Court No.9, Muzaffar Nagar in S.T. No. 317 of 2000 (Case Crime No. 571/99), P.S. Kotwali, District Muzaffar Nagar, whereby the appellants have been convicted under section 302/149 IPC and 498-A IPC and each had been sentenced to undergo imprisonment for life and a fine of Rs. 25,000/- each under section 302/149 IPC, 3 years' R.I. and fine of Rs. 5,000/- each under section 498-A IPC with default stipulation. Accused Dharm Das Jain had died during pendency of the appeal, hence his appeal stood abated.
(2.) FACTS germane to the appeal are that on 11.10.1999 Sanjay Kumar s/o Sri Praduman Kumar, r/o Bartala Yadgar, Saharanpur submitted a written report in Kotwali, Muzaffar Nagar stating that his sister Alpana Jain was married about 10 years ago with Sanjeev Jain son of Dharam Das Jain, r/o 3 Rainbow, Vihar. In the marriage they had given sufficient dowry but her in-laws were not happy and in order to fetch more money, her husband Sanjeev Jain, parents in-law and both brothers in-law Ajay and Sanjeev used to beat her. Non-fulfilment of demand resulted in physical torture on Alpana Jain. On 10.10.2009 at about 9.00 P.M. his sister informed them from Muzaffar Nagar by phone that all the accused persons are picking up quarrel with her, she suspects threat to her life and they should immediately rush to Muzaffar Nagar. The report further stated that when complainant along with his father and brothers reached at the house of his sister they found her dead. The complainant had charged the accused persons to have killed his sister. On the basis of this report case at crime no. 572/99, under section 302 IPC was registered against all the accused persons. The investigation was entrusted to SSI R K. Manik. He interrogated the complainant and his father at the police station and reached at the house of the accused persons. The dead body of the deceased was found on the floor by the side of the double bed on the upper storey of the house, however, on account of night inquest was not conducted. The mother, sister-in-law (Bhabi) and Sanchita (friend of the deceased) were interrogated. The two daughters of the deceased were crying so they were not in a position to make any statement. In the morning site plan of the scene of occurrence was prepared. Photographs were taken and the broken bangles of the deceased were seized. The inquest on the cadaver of the deceased was conducted and in sealed cover it was sent for post mortem examination along with usual papers. Dr. Pankaj Jain conducted autopsy on the corpse of the deceased on 11.10.99 at 3.00 P.M. He found that 35-years' old deceased was average built, her eyes and mouth were slightly open. Face was swollen and cynosed. Lines were blue. Conjunctives were deeply congested. Frothy blood was coming out from nostrils. Hands were clenched. The doctor found following ante mortem injuries on the persons of the deceased: 1. Ligature mark of 19.0 cm x 3.0 cm on front and back side of neck (gap at back) 5.5 cm from chin, 5.5 cm from left ear and 4.5 cm from right ear. The base of mark is pale with reddish and echymosed margins. Mark is dry and hard. On dissection the subcutaneous tissues under the above mark are dry, white glittering. The muscle ruptured. Trachea congested and hyoid bone fractured. 2. Abraded contusion of 1.0 cm x 0.4 cm at right hand lateral 2.0 cm above wrist. 3. Contusion of 3.5 cm x 2.0 cm on back of left upper arm. 9 cm above elbow. 4. Contusion of 6.0 cm x 3.5 cm on back of left upper arm, just above elbow. In internal examination the doctor found that brain and its membranes, both pleura, both lungs and pericardium were congested. Right chamber of heart was full while left was empty. In stomach about 250 ml. pasty odourless semi-digested found was present. The small intestines contained semi digested food and gases while in large intestines faecal matter and gases were found. Pancreas, spleen and both kidneys were congested. The uterus was non-gravid. In the opinion of the doctor the deceased suffered death due to asphyxia as a result of strangulation about 3/4 day before.
(3.) DURING inquest the C.O. also reached at the spot and he inquired about the incident. Under his instructions section 498-A IPC and 3/4 of Dowry Prohibition Act were added in the investigation. On the basis of the information of a informer all accused persons were found hidden in the back portion of the house and they were taken into custody in the morning of 11.10.1999. On 15.10.1999 the investigation of the case was taken up by Inspector Ajay Kumar who further interrogated the complainant and recorded statements of witnesses of inquest and dead body carrier. He also took in possession photographs of the scene of occurrence. On 17.10.1999 Investigating Officer searched the house of the accused and found two letters allegedly written by the deceased and a telephone receiver along with wire through memo. Two scalp hairs were entangled with wire of the telephone receiver. Thereafter Investigating Officer recorded statements of other witnesses and the investigation culminated in charge sheet against accused-appellants.;