H.S.BEDI, J. - (1.) THE facts of this appeal are as follows :- Pushpa (deceased) daughter of Kaka Ram (PW-5) had been married to Gora Lal accused about two years prior to the incident. The marriage had been arranged through the good offices of one Harbans Lal, resident of Budhlada. A son had also born to the couple, who was about 8 months of age at the time of the occurrence. It is the prosecution story that at the time of the marriage, Kaka Ram had spent a substantial amount and had also given dowry according to his means. About a month after the marriage, however, Raj Rani, Pushpa's mother-in-law, asked him to provide a scooter to Gora Lal. Kaka Ram, however, stated that as he had spent a considerable amount on the marriage and it was difficult for him to provide a scooter. A few months thereafter, during the summer, Rani and Chiman Lal, the sister and brother of Gora Lal accused, respectively asked Kaka Ram to purchase a cooler for them, but he was able to provide only a fan. The accused also taunted Pushpa saying that the clothes given to her at the time of the marriage were not upto their standard. About three months prior to the incident, Kaka Ram had gone to Budhlada to meet Pushpa when all the accused demanded a sum of Rs. 10,000/- for the purchase of a house. Kaka Ram expressed his inability to pay the amount on which the accused taunted Pushpa yet again. A panchayat was thereafter called at the house of (PW-1) Megh Raj, in which Prem Chand, Gora Lal and Raj Rani were present. Megh Raj reprimanded the accused and Pushpa was thereafter sent with them to her matrimonial home as a compromise had been effected in the gathering. About two months prior to the occurrence, Pushpa, however, returned to her parental home saying that she had been maltreated yet again by the accused. A gathering was once again convened at the house of Madan Lal (PW-2) in which Prem Chand, Chiman Lal, Gora Lal and Raj Rani were present and Madan Lal too reprimanded them and persuaded them to take Pushpa back to the matrimonial home. She accordingly returned to the house of her in-laws. The prosecution story further is that Pushpa committed suicide, as she died of burn injuries on 13.5.1987 at about 10.00 A.M. in the matrimonial home. This information was conveyed to Kaka Ram by Madan Lal at about 11.00 A.M. The FIR was registered at Police Station, Budhlada at 12.10. P.M., the same day at his instance and the special report was delivered to the Illaqa Magistrate at 2.20 P.M. The investigation was thereafter set in motion. The police visited the place of incident and took into possession several articles including a match box (Exh.P1), ash (Exh.P2), dabba tin (Exh.P3), a bucket alongwith a glass and a plastic can (Exh.P4), a lid of a plastic can (Exh.P5) and a pair or chappal (Exhs. P6 and P7). The dead body was also sent for the post mortem and it was reported that she had died of extensive burn injuries. On the completion of the investigation, the accused were charged for offences punishable under Sections 304-B and 498-A of the Indian Penal Code and as they pleaded not guilty were brought to trial.
(2.) THE prosecution in support of its case placed primary reliance on the evidence of PW-1 Megh Raj; PW-2 Madan Lal; PW-3 Baldev Singh, a witness to the recovery of the articles from the place of occurrence; PW-4 Dr. Harkirat Singh, who had conducted the post-mortem; PW-5 Kaka Ram, the father of the deceased; and PW-8 ASI Darshan Singh, the main Investigating Officer. The prosecution case was then put to the accused and their statements recorded under Section 313 of Code of Criminal Procedure and while admitted the factum of his marriage with the deceased, Gora Lal stated that the other members of the family were residing separately from him and that Prem Chand, his uncle, was also living separately ever since he had attained the age of discretion. Chiman Lal and Prem Chand accused also made similar statements. Rani accused stated that she alongwith her mother Raj Rani and father were residing separately from Gora Lal. Raj Rani made a similar statement. They also examined certain witnesses in defence.
(3.) THE trial Court in its judgment dated 3.5.1990 held that it appeared that the FIR had been lodged with deliberation and in that eventuality the possibility of false implication could not be ruled out and having held as above, acquitted Rani, aged 16 years, sister of Gora Lal accused. The Court, however, examined the evidence with regard to the culpability of the other four accused and observed that from the evidence of the prosecution witnesses, in particular, Kaka Ram and Madan Lal P.Ws., it was clear that a case had been made out against the accused as they had time and again made demands of dowry either in the shape of cash or goods and as their demands could not be satisfied by Kaka Ram, Pushpa had been harassed on that account, which had led her to commit suicide. The argument of the defence that it was a case of an accidental death was repelled by observing that not only a container of kerosene oil but a match box had been recovered from the place where the deceased had been burnt, which clearly ruled out such a case. The accused were accordingly convicted and sentenced as under :- Accused Gora Lal, Chiman Lal, Prem Chand and Raj Rani under Section 304-B of the Indian Penal Code. to undergo rigorous imprisonment for seven years each. All the four accused under Section 498-A of the Indian Penal Code. to undergo rigorous imprisonment for two years and to pay a fine of Rs. 300/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month. Both the substantive sentences were, however, ordered to run concurrently.;