V.S.AGGARWAL,J. - (1.) THIS is an appeal filed by Vijay Pal son of Satya Nand (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Jagadhari dated 17.12.1994. By virtue of the impugned judgment and the order of sentence the learned trial court held the appellant guilty of the offences punishable under Sections 304-B and 498-A of the Indian Penal Code. The accused-appellant was sentenced to undergo rigorous imprisonment for a period of 7 years for the offence punishable under Section 304-B Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 200/- for the offence punishable under Section 498-A Indian Panel Code. In default of payment of fine the appellant was to undergo further rigorous imprisonment for six months. Sentences were to run concurrently.
(2.) SURESHO Devi deceased was the wife of the appellant. They were married some time in 1987. On 1.8.1992 she went outside the house to bring some medicines for herself and did not return. Her dead body was recovered on 4.8.1992 from the canal. It is thereafter that investigation was conducted with respect to offences punishable under sections 304-B and 498-A Indian Penal Code. The prosecution case in brief is that at the time of the marriage the father of the deceased had given sufficient dowry. Subsequently, whenever she came back to her parents' house, she told them that the accused has been harassing her to bring more dowry. On one occasion Rs. 5800/- were given. On many other occasions Suresho Devi was told that they were not in a position to pay more and only Rs. 100/- or Rs. 200/- were paid. The appellant had even made a demand for Rs. 7,000/-. Rakesh Kumar brother of the deceased had told him that he will talk to his father and would come to their house. Suresho Devi even was assaulted. The appellant otherwise consumed liquor and misbehaved. As a result of persistent demands and harassment, the prosecution asserts that she jumped into the canal.
(3.) THE cause of death was opined to be drowning in the post-mortem report. On basis of the statement of Rakesh Kumar, first information report was recorded. Formal first information report was recorded by Assistant Sub Inspector Ram Kumar. Subsequently, after completing the investigation SI Dharam Paul submitted the challan against the appellant.;