- (1.) THE instant appeal has been directed against the judgment of conviction and order of sentence dated 7.4.2001 and 10.4.2001, respectively, passed by the Additional Sessions Judge, Ambala whereby the accused namely, Madan Lal, Mehro Devi and Gurbaksh Singh have been convicted and sentenced for commission of offence punishable under Section 304 -B, 498 -A read with Section 34 of the Indian Penal Code (for short "IPC"), extracted hereinbelow: - Under Section 304 -B read with Section 34 IPC To undergo rigorous imprisonment for seven years each Under Section 498 -A read with section 34 IPC To undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/ - each. In default of payment of fine to further undergo rigorous imprisonment for six months each.
(2.) THE facts, in brief, are that Jaidevi @ Sheela Devi (deceased), aged about 22 years, was married to Madan Lal in December 1997. The deceased was treated with cruelty on account of failure of her parental family to fulfill the demand of dowry. The husband and others were demanding a coloured T.V. and the complainant had assured that their demand would be fulfilled. Jaidevi was severely beaten up and was not provided food. The deceased returned to her parental home but with the intervention of sarpanch of village Panjail, she was sent back to her in -laws house. Jaidevi was admitted in Monga Hospital after sustaining burn injuries. On receipt of information from the said hospital, ASI Gurmail Singh along with a police party, visited the hospital, sought opinion of the doctor regarding condition of the patient but she was reported to be unfit. Mam Chand, brother of the deceased made a statement on the basis whereof formal FIR was registered. The deceased later succumbed to the injuries sustained in the occurrence.
(3.) ON completion of investigation, report under Section 173 of the Code of Criminal Procedure (for short "the Code") was submitted in the Court of Judicial Magistrate Ist Class, Ambala Cantt. The case was committed to the Court of Sessions as offence under Sections 302, 304 -B IPC is exclusively triable by the said court. After hearing counsel for the parties, all the accused including Sukhdev Singh and Pala Ram (since acquitted) were charged for commission of offence punishable under Sections 302, 304 -B, 498 -A read with Section 34 IPC to which they pleaded not guilty and claimed trial. In order to prove the charges, the prosecution examined the following witnesses: - 1. Constable Virender Kumar PW1 2. Subhash Chander PW2 3. ASI Suraj Bhan PW3 4. Mam Chand PW4 5. Constable Ram Saran PW5 6. Somti Devi PW6 7. Dr. Tarsem Monga PW7 8. Dr. Suresh Sharma, Medical Officer, Civil Hospital PW8 9. HC Shiv Ram PW9 10.Devinder Kaushik PW10 11.ASI Gurmail Singh, Investigating Officer PW11 12.Inspector Surjit Kumar PW12;