S.S.GREWAL, J. - (1.) THIS appeal is directed against the order of Additional Sessions Judge, Kaithal, dated 4th of December, 1991 whereby the present appellants were convicted under Section 304 -B and 498 -A of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for seven years under Section 304 -B of the Indian Penal Code. They were further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/ - each and in default of payment of fine to undergo further rigorous imprisonment for one month under Section 498 -A of the Indian Penal Code.
(2.) IN brief facts of the prosecution case as emerged from the statement of Dhanna Singh PW recorded in the inquest proceedings under Section 174 of the Code of Criminal Procedure, 1973, are that his daughter Smt. Rano alias Amarjit Kaur aged about 20 -21 years was married to Roshan accused about 1 year back; at the time of marriage he gave dowry according to his financial status. After 1 -1/2 months of their marriage Inder Singh, father -in -law of Rano (deceased) came and met Dhanna Singh PW and his brother Ram Singh in the village and requested that he should be given one buffalo. Dhanna Singh PW informed Inder Singh accused that at that moment he had no money and promised that he would take loan and arrange the money and send buffalo or pay Rs. 4,000/ - to them (accused). In the month of Maghar of the previous year Inder Singh accused again came to the house of Dhanna Singh PW to get money from the latter. Dhanna Singh PW was not having any money for delivering the same to Inder Singh accused. Inder Singh and his son Roshan started harassing Rano for bringing lesser dowry to the tune of Rs. 5,000/ - to Rs. 6,000/ -. After another month he went to the house of his daughter at Kaithal. The latter told him that her husband Roshan and her parents -in -law Inder Singh and Smt. Punna Devi had been harassing her for bringing lesser dowry and they were forcing her to bring Rs. 5,000/ - to Rs. 6,000/ - from her parental home in order to enable her husband to start some business with that money. Dhanna Singh PW then talked to his daughter and tried to persuade both Inder Singh and Roshan accused by handing over a sum of Rs. 2,000/ - to them. He narrated the entire version to his cousin sister's son Ramesh. In the month of Baisakha of the year 1990, Roshan accused along with his wife Smt. Rano visited Dhanna Singh PW at Munak and left Rano at her parental home. A sum of Rs. 500/ - was given to him when he left for his own village. At that time Roshan accused told his father -in -law that remaining amount should be paid to him at Kaithal at the earliest. After about 1 -1/2 months, Gurmel Singh son of Dhanna Singh PW left his sister at Kaithal and handed over Rs. 3,000/ - to Roshan accused and his father Inder Singh accused. The accused, however, were not satisfied and again started harassing Smt. Rano and pressurised her to bring more money from her parents. About 10 or 15 days prior to that Ramesh cousin sister's son of Dhanna Singh PW told them that Rano was being harassed by her in -laws and she had asked for more money. Dhanna Singh PW then went to his daughter who told him that her parents -in -law and husband were asking for a sum of Rs. 3,000/ - or Rs. 4,000/ - and that she should bring the same from her parental home otherwise they would remarry their son and they also gave her beatings. Dhanna Singh PW told Inder Singh accused that he would arrange the money and then visit Kaithal. On 19.7.1990, he got information on telephone from Ramesh that Smt. Rano had committed suicide by taking poison as she had been harassed by her in -laws. Thereafter Dhanna Singh PW went to Kaithal and saw the dead body of his daughter Smt. Rano and reported to the police that his daughter ended her life by taking poison, as she had been tortured by the accused for bringing inadequate dowry. On the basis of the aforesaid statement of Dhanna Singh Ex.PF formal first information report Ex.PF/2 formal was recorded. After completion of the investigation, the accused were challaned, tried, convicted and sentenced as stated earlier. I have heard the learned counsel for the parties and have carefully perused the record with their help.
(3.) THE learned counsel for the appellants has rightly argued that according to the prosecution case statement of Dhanna Singh father of Rano deceased was recorded by the Investigating Officer SI Jati Singh in the inquest report at 4.10 P.M. on 19.7.1990 and on its basis formal first information report was registered at Police Station at 4.35 P.M. that evening whereas the statement of Ganesh PW cousin sister's son of Dhanna Singh PW was recorded by the same Sub Inspector on 19.7.1990 at 9.05 A.M. and on its basis entry in the daily diary register at Sr. No. 12 was made at 9.30 A.M. It is well settled that information concerning commission of a cognizable offence which reaches the police first in point of time would be legally considered as the first information report. Thus in the present case statement of Ganesh PW Ex.PJ is the first information report which reached the Investigation agency first in point of time.;