- (1.) IMTIYAZ Murtaza, J. This appeal has been filed against the judgment and order dated 18-2-2005 passed by Addl. Sessions Judge Fast Track Court No. 4 Budaun whereby the appellant is convicted under Section 304-B I. P. C. and sentenced to undergo life imprisonment, under Section 498-A I. P. C. and sentenced to imprisonment for two years and a fine of Rs. 3,000, in default of payment of fine further imprisonment for six months and under Section 4 of Dowry Prohibition Act and sentenced to imprisonment for one year and a fine of Rs. 1,500, in default of payment of fine further imprisonment for three months. All the sentences were directed to run concurrently.
(2.) THE brief facts of the case, mentioned in the report lodged by Satypal Singh, are that he had married his daughter Resham with the appellant in the year 1998. Ten days after the marriage Sanjay told his daughter that her father had not given him T. V. and Motor Cycle and asked her to bring T. V. and Motor Cycle. About 15 days back he had gone to bring his daughter and she told him that her brother-in-law Jaiveer, his wife Madhu and her husband told her that his father had not given him T. V. and Motor Cycle and they did not send his daughter. On the date of occurrence Jasveer came to his house and told him that his daughter Resham is dead. He alongwith several villagers reached Duptakala, Khichchu and Bharat told him that his daughter has been killed by administering poison. He had lodged the report at the police station Rajpura on 6-7-1998 at 12. 30 p. m. against appellant, Jaiveer and Smt. Madhu. After the registration of the case S. I. Shiv Gopal Verma reached at the police station. THE investigation was handed over to CO. Gunnaur and on his dictation he had prepared inquest memo and after preparing the relevant papers for the post-mortem examination the dead-body was handed over to constable Devendra Pal Singh and Shailendra Singh. On the dictation of CO. Gunnaur he had recorded the statement of informant, inquest witnesses, prepared the site plan, which is Ext. Ka-5, sample seal is Ext. Ka-6, Chalan Lash is Ext. Ka-7, Photo Lash Ext. Ka-8, letter to C. M. O. Ext. Ka-9, letter to R. I. is Ext. Ka-10. He had also recorded the statement of the scribe of the F. I. R. and after the investigation charge-sheet was submitted against the appellant. The post-mortem on the dead-body of the deceased was conducted by Dr. Neel Kamal, P. W. 3 and no external mark or ante-mortem injury was seen and cause of death could not be ascertained and viscera was preserved. In the report of Scientific Laboratory Aluminum phosphide and Methyl Alcohol was found in the viscera. After the submission of the charge-sheet the case was committed to the Court of Session and the Sessions Judge had framed charges against the appellant and two co-accused under Section 498-A, 304- B I. P. C. and Section 4 of Dowry Prohibition Act.
(3.) THE prosecution had examined five witnesses in all. P. W. 1 Satypal Singh, P. W. 2 Bharat Singh, P. W. 3 Dr. Neel Kamal, P. W. 4 Pushpal Singh, and P. W. 5 S. V. Verma. Rajvir Singh was examined as Court witness. THE defence has examined two witnesses, namely, Dr. P. K. Raghuvanshi, D. W. 1 and Ramdeo, D. W. 2. The Sessions Judge after considering the evidence on record convicted the appellant, as aforesaid, and acquitted co-accused Jaiveer and Smt. Madhu. Hence this appeal.;