KANWALJIT SINGH AHLUWALIA,J. - (1.) POONAM D/o. Ram Kripal (P.W.1) three years before the occurrence was married with Pawan Kumar @ Mange Ram @ Sittu. On 21.6.2006, Poonam due to receipt of 100% burn injuries died in her matrimonial home. Pawan Kumar @ Mange Ram @ Sittu, husband of Poonam, alongwith his parents, namely Raghuveer Singh (father) and Gindori (mother) was tried by the court of Additional Sessions Judge (Fast Track), Kishangarhbas, District Alwar. The said court vide impugned judgment dated 23.5.2008 held all the appellants guilty of offence under Sections 498A and 304B IPC and by a separate order of even date, sentenced the appellants as under: - 1. Appellant, Pawan Kumar @ Mange Ram @ Sittu U/s. 498 -A IPC: Three years simple imprisonment, to pay a fine of Rs.3000/ - and in default thereof to undergo six months simple imprisonment. U/s. 304 -B IPC: Life imprisonment. 2. Appellant, Raghuveer Singh U/s. 498 -A IPC: Three years simple imprisonment, to pay a fine of Rs.3000/ - and in default thereof to undergo six months simple imprisonment. U/s. 304 -B IPC: Seven years simple imprisonment. 3. Appellant, Gindodi U/s. 498 -A IPC: Three years simple imprisonment, to pay a fine of Rs.3000/ - and in default thereof to undergo six months simple imprisonment. U/s. 304 -B IPC: Seven years simple imprisonment. (All the sentences were ordered to run concurrently.) Aggrieved against their conviction and sentence, two separate appeals have been filed in this court. Pawan Kumar @ Mange Ram @ Sittu has instituted D.B. Criminal Appeal No.992/08 whereas his father, Raghuveer, and mother, Gindori, have preferred S.B. Criminal Appeal No.697/08 to assail their conviction and sentence. Criminal proceedings were set into motion on the basis of written report (Ex.P.1) presented by Ram Kripal (P.W.1) on 21.6.2006 before the SHO, Police Station Tapukada, District Alwar. On the basis of the written report (Ex.P.1), a formal FIR No.213/06 (Ex.P.2) was registered same, when translated in English, reads as under: - "To, The SHO Sahab, Police Station Tapukada. Sir, It is submitted that my daughter, Poonam, about three years ago was married with Pawan Kumar @ Mange S/o. Raghuveer Aheer, r/o. Modhupur, P.S. Tapukada. I have given dowry in the marriage according to my capacity. I had given household articles, motorcycle and cash. The list of articles given in dowry will be presented by me later. Even after the demand of the accused was satisfied they were harassing my daughter and were demanding cash. Pawan Kumar @ Mange (husband), Gindodi (mother -in -law), Rabhuveer (father -in -law) and Gori (Dewar, younger brother of the husband) used to threaten my daughter and say mothing has been given by your father, you have got no brother. Therefore, bring Rs.1 Lac cash from your parents as everything possessed by your father belongs to you and in case you will not bring the amount, we will kill you and nobody will have suspicion. My daughter had complained to us about the conduct of the accused. We went to Village Modhupur to make accused understand. But they all quarreled with us and gave us beating. Today on 21.6.2006 we learnt that our daughter has been burnt. My daughter was carrying pregnancy of 8 and 81/2 months. In view of the prevailing condition, we have belief that the aforesaid persons have murdered my daughter by putting her on fire. I have come to lodge the report. After registration of the case, legal action be taken against the accused. I shall be highly obliged. Sd/ - Ram Kripal S/o. Heeralal Date: 21.6.2006"
(2.) THE above said FIR was investigated. The above said three accused were sent for trial. They were charged for offences under Sections 498A and 304B IPC. The accused pleaded not guilty and demanded trial. The prosecution examined eleven witnesses.
(3.) RAM Kripal (P.W.1) reiterated the allegations leveled in written report (Ex.P.1) and further stated that on 21.6.2006 after they learnt that their daughter is sick, he alongwith 5 -10 persons which included nephew Karan Singh, Matram, Mahendra, Ramhel, Dhaniram came to the house of the accused. The house was locked. The dead body of their daughter was lying in burnt condition. She was having pregnancy of 8 months. Karan Singh (P.W.2) is nephew of the complainant. He also corroborated the testimony of Ram Kripal (P.W.1).;