A.S.GARG,J - (1.) THIS criminal appeal relates to a dowry death case in which the learned trial Judge has convicted Siri Krishan, the husband and Smt. Kamla, the mother-in-law of the deceased under Section 304-B of the Indian Penal Code. Siri Krishan was sentenced to undergo imprisonment for life whereas Smt. Kamla was sentenced to undergo rigorous imprisonment for seven years. However, Mohinder Singh accused, the husband of the sister of Siri Krishan i.e. brother-in-law was acquitted.
(2.) SMT . Mithlesh was married with Siri Krishan accused in the year 1991. She belonged to village Saimpath, District Muzaffar Nagar (U.P.) and the appellant belongs to village Kiwana, in the area of Police Station, Samalkha, in district Panipat. On 25.8.1993, Mithlesh was found dead at her in-laws'house in village Kiwana. A report Ex.PB was lodged by Ram Kumar PW.2, a real brother of the deceased with the allegations that the deceased had been sent to their house after being beaten and mal-treated by the appellants and that the deceased Mithlesh narrated the entire incident of her mal-treatment and torture to her parents and brothers Ram Kumar PW.2 and Bishamber PW.3 and that there was a strong demand of colour television, fridge and motor cycle and the deceased also told her relations and her parents that she had been putting them off saying that the valuables would be delivered after harvesting the paddy crop but the appellants were not relenting and were insisting upon the same. However, the husband and other relations including Mohinder Singh, brother-in-law of the deceased and the members of the community approached the parents of the deceased for a rapprochement and as a result of which the deceased returned to her in-laws' house about 16/17 days earlier to the occurrence. When Ram Kumar PW.2 came to enquire about the welfare of his sister on 25.8.1993 he was shocked to know that his sister was no more and he immediately returned to his native village to inform his relations and lodged the aforesaid report Ex.PB before SI Rajinder Singh PW.8 and on its basis formal FIR was recorded at 5.15 P.M. on 25.8.1993. The special report reached the Ilaqa Magistrate at 7.55 P.M. on 25.8.1993. After recording the statement of Ram Kumar PW.2, SI Rajinder Singh PW.8 went to the place of occurrence. He summoned a Photographer and got the dead body of Mithlsh photographed. Thereafter, he prepared inquest report Ex.PA/2 and sent the dead body for post mortem. The said Sub Inspector inspected the spot and prepared rough site plan Ex.PJ. He also recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure. On 2.9.1993, Siri Krishan, Mohinder Singh and Smt. Kamla accused were produced before him by Mahi Pal, Ex-Sarpanch at the bus stop. He arrested them. Siri Krishan appellant was interrogated in the presence of Amar Singh PW.7 and Lachhman. He made a disclosure statement Ex.PE that he had kept concealed one Jamper, one Salwar and an underwear of the deceased underneath the dung cakes in the rear room of the "Taand" and in pursuance of the said statement he got recovered Jamper Ex.P1, Salwar Ex.P2 and underwear P3 from the specified place which were taken into possession vide memo Ex.PG. Similarly, Mohinder Singh on interrogation made a disclosure statement Ex.PF that he had kept concealed a towel underneath the chaff in the kotha of the house of his father-in-law Baru Ram and in pursuance thereof he got recovered towel Ex.P4 from the specified place which was taken into possession vide memo Ex.PH. The said Sub Inspector on 2.9.1993 took into possession various articles of dowry given in the marriage of the deceased from the house of the accused in the presence of Chander Bhan and Ram Kumar PWs on the pointing out by the latter vide recovery memo Ex.PC. After completion of the investigation, the accused were put to trial.
(3.) DR . Tajender Kharbanda PW.1 conducted post mortem on the dead body of Mithlesh deceased on 26.8.1993 at 10.30 A.M. and observed as under :- A dead body of a young female, moderately built and was moderately nourished, face was swollen and very congested, blood fluid was coming from the mouth and nostrils i.e. was present. The tongue was swollen and was present between the teeth. Eyes were swollen. Conjuctiva was congested. Foul smell from the body was present. Maggots were present on the face and side of neck. Faecal matter was present outside the anus. Both abdominal flanks were green in colour, abdomen was swollen. Dead body was wearing Salwar and Kameej. Rigor mortis was absent in the upper limbs and was in the descending stage in the lower limbs. Pealing and superficial skin was present on the front and lateral side of the neck. The following injuries were also found on the dead body :- (1) An abrasion with contusion 1.5 cm x 1.25 cm on the left side of front of the neck above the level of the thyroid cartilage. On cut section exudation of blood underlying the injury was seen. (2) Two contusion 0.75 cm x 0.5 cm each on the right side of the front of neck just at the level of upper end of the thyroid cartilage. On cut section exudation of blood underlying the injury was found present. On dissection of the neck a fracture of the cornu of left side of thyroid cartilage was seen. Clotted blood was found present on the surrounding tissues. (3) Multiple abrasions of different size in shape on the back of right elbow joint. On cut section exudation of blood underlying it was found present. (4) An abrasion with contuision 3 cm x 1.5 cm on the back of left elbow joint. On cut section exudation of blood underlying it was found present. ;