- (1.) THE present revision has been di rected against the judgment and order dated 08-04-1997 passed by Addl. Ses sions Judge (IInd) Haridwar in which the learned Sessions Judge acquitted the accused persons, i. e. , respondent Nos. 2 to 5 in Sessions Trial No. 272/ 96. During the pendency of the revision respondent No. 3, Tulsi Ram has died.
(2.) BRIEF facts leading to the pros ecution is that the marriage of the deceased-Mona was solemnized with Moti Ram. It is also alleged by the prosecu tion that immediately after the mar riage, the husband and her in-laws were demanding a sum of Rs. 15, 000 -20, 000/- as dowry and she was beaten several times. When she did not conceded to the demand of her husband and his relatives, she was turned out from the house and she came to her parental house. It is further alleged that the accused-respondents had obtained the signature of the deceased on the blank paper and an application was given purporting to have been written by the deceased to S. S. R Saharanpur and that application was factually wrong. On 30-10-1995 an application was given by the father of the deceased to the A. C. J. M. , Roorkee that the ac cused-respondents are demanding dowry and they are harassing the deceased-Mona. A police report was sought and the police submitted the re port that the facts narrated in the ap plication for demanding the dowry by the husband and their relatives were not correct. Thereafter, the parties came to the amicable settlement before the A. C. M. and the deceased-Mona went to her matrimonial house. The brother of the deceased, Kanhaiya Lal after finish ing his official duties went to the house of the deceased-Mona on 07-02-1996 and he was informed by the villagers that his sister Mona-deceased had been murdered by the accused/respondent Nos. 2 to 5. Thereafter a report was lodged and the panchanama was prepared and the matter was investigated. The inves tigation culminated into charge-sheet. The accused-respondent Nos. 2 to 5 were charged u/s 304-B and 498-A I. P. C. The accused-respondent Nos. 2 to 5 denied the charges levelled against them and claimed trial.
(3.) THE prosecution in support of its case produced Kanhaiya Lal-PW1 brother of the deceased who lodged the report. Ghanshyam-PW2, alleged to have been the independent witness of the incident who has stated that the de mand of dowry was made and the de ceased was subjected to the cruelty. Ginuwa-PW3 is the father of the de ceased. They all have stated that the accused-respondent Nos. 2 to 5 have demanded a sum of Rs. 20, 000/- in dowry and the deceased-Mona was treated cruelly and she was subjected to marpeet. Th eprosecution also pro duced the evidence of Dr. U. S. Kureel-PW4 who conducted the post mortem on 08-02-1996 at about 10:30 a. m. and he has opined that the death of the deceased would have taken place one day back and the cause of the death was asphyxia. The post- mortem report was also proved by him. The prosecu tion has also adduced the evidence of Asarpal Singh-PW5 who is a formal witness and who has written chick and recorded the G. D. Dayaram Arya-PW6 is the S. I. who has prepared the panchnama and sent the dead body to the post-mortem and prepared the nec essary paper and proved the papers. S. S. Chauhan-PW7 is the investigating Officer who investigated the matter and submitted the charge-sheet. Accused Tulsiram has stated that he resides alongwith his wife in some other village. The husband of the deceased-Moti Ram has stated that he was not in his residence on the day of the incident. When he received the in formation of the death of his wife, he reached at the spot. It is also stated in the statement recorded u/s 313 Cr. P. C. that the brother and the father of the deceased used to come to her village and used to take the deceased to her house and the brother of the deceased used to come to her house with his friend and the deceased-Mona was not happy with these things. They have denied all the allegations made in the prosecution evidence. It is also stated by Moti Ram that on the day of the in cident, the brother of the deceased Kanhaiya Lal came to her house and he insisted to take deceased- Mona from matrimonial house to her parental house and the deceased-Mona refused to go with her brother and there was scuffle between the brother and the sis ter and thereafter the deceased-Mona went for a sleep alongwith a candle and thereafter she was found dead. The ac cused-respondent Madhuwati lives in her matrimonial house and she was not present at the time of the incident.;