Surendra Vikram Singh Rathore, J. - (1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 15.09.2009 passed by Additional Sessions Judge, Court No. 14, Meerut, in Sessions Trial No. 528 of 2003 arising out of Case Crime No. 97 of 2003, under Section 304 -B IPC, Police Station Partapur, District Meerut and Sessions Trial No. 529 of 2003 arising out of Case Crime No. 98 of 2003, under Section 25 of the Arms Act, Police Station Partapur, District Meerut, whereby appellants Narendra Singh, Raghubir Singh and Smt. Suman were convicted for the offence under Section 304 -B IPC. Appellant Narendra Singh was sentenced with imprisonment for life and appellants Raghubir Singh and Smt. Suman were sentenced to undergo rigorous imprisonment for a period of seven years. Appellant Narendra Singh was acquitted of the charge under Section 25 of the Arms Act.
(2.) ABRIDGED facts, necessary for the disposal of the instant criminal appeal, are that complainant Narendra Singh Bhati solemnized the marriage of his daughter Aditi with appellant Narendra Singh on 10.05.2002. The other two appellants Raghubir Singh and Smt. Suman happen to be the parents in law of Smt. Aditi (deceased). As per the allegations of the first information report, the appellants were the residents of House No. A -10, Raj Kamal Enclave, Police Station Partapur, District Meerut. In the marriage, Rs. 6,50,000/ - were spent by the complainant. Out of the said amount, Rs. 2,20,000/ - were given by the complainant for purchase of a Maruti car but the appellants were not satisfied with the dowry given in the marriage and therefore the deceased (Aditi) was treated with cruelty (physically and mentally) for pressing the demand of one Maruti car and Rs. 50,000/ - cash as dowry because the appellants used to say that the money given for the purchase of Maruti car has been spent in their factory. The complainant, in order to ensure the peaceful family life of his daughter, made payment of Rs. 20,000/ - at one time and thereafter again on the occasion of Holi, Rs. 18,000/ - were given to the appellant Narendra Singh but only 10 days thereafter appellant Narendra Singh again started a demand of Rs. 50,000/ -. This fact was told by the deceased to the complainant and she also expressed the apprehension that in case their demand is not fulfilled then she will be killed. In the intervening night of 17/18.04.2003 at about 1230 hours complainant Narendra Singh Bhati got information in Faridabad that his daughter has been shot dead. After getting this information, the complainant along with his family reached Meerut then he became certain that his daughter Aditi has been killed by the appellants only for the purpose of dowry. The complainant lodged the first information report of this case and case under Section 304 -B IPC was registered against the appellants. It transpires from the perusal of the record that the first information report of this case was registered on 18.04.2003 at 07.15 AM but the information from some other source was received by the police in the same night at 1215 hours and the said information was registered in GD. On this information, SI Rajeev Kumar of Police Station Partapur went at the place of occurrence and completed inquest proceedings and found that Aditi has been murdered by firing on her head. The inquest proceedings were started from 01.00 AM and concluded at 03.40 AM in the same night and the dead body was sent for post -mortem. By the side of the dead body one country made pistol of 315 bore and one bullet was also recovered, which was also taken into custody and separate memos were prepared. The ornaments, which were found on the body of the deceased, were also taken into custody and were handed over to appellant Raghubir Singh and its Supurdaginama was also prepared. The post -mortem on the body of the deceased was conducted on 18.04.2003 at 03.30 PM. Regarding recovery of country made pistol from the place of occurrence, case Crime No. 98 of 2003 was registered against unknown person. This case was registered at 10.15 a.m. on 18.04.2003 after registration of the FIR of the case under Section 304 -B IPC. After completing the investigation, charge sheet was filed against all the three appellants.
(3.) THE case of the defence was that at the time of incident appellant Narendra Singh was present at his factory. He got the information from his wife on phone that dacoity has taken place in the house. So, he immediately rushed to his house. When he reached the house, by that time she was killed by the miscreants. The miscreants tried to run away and in this process, miscreants also caused him injuries and these unknown persons caused the death of his wife.;