VINIT KUMAR MATHUR,J. - (1.) The appellants herein have been tried, convicted and sentenced as below vide judgment dated 12.11.2008 passed by learned Additional Sessions Judge, Raisinghnagar, District Sriganganagar in Sessions Case No.18/2008 : Appellant Offence Sentence Fine In default u/s. Ameer 304B I.P.C. Life Rs.5000/- One year Chand imprisonment S.I. Smt.Malkeet 304B I.P.C. Life Rs.5000/- One year Kaur imprisonment S.I. Being aggrieved by the conviction and sentences awarded to them, they have preferred the instant appeal under Section 374(2) Cr.P.C.
(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow. Smt. Gurmeet Kaur daughter of Tarachand (the complainant herein) was married to the appellant Ameerchand about 4 years prior to her unfortunate death in the matrimonial home. It is alleged that the matrimonial relatives i.e. the husband, father-in- law and the mother-in-law started harassing and humiliating Smt.Gurmeet Kaur on account of demand of dowry soon after her marriage. Not only was she maltreated and beaten but many a times, she was turned out of the matrimonial home. The complainant convened numerous community panchayats so as to ensure that his daughter's matrimonial life could be saved. He also used to give one item or the other to the accused but their greed was not satiated and they continued to harass and humiliate Smt.Gurmeet Kaur on account of demand of dowry. Smt.Gurmeet Kaur was carrying a child of 8 months in her womb and thus, on her request, the complainant had sent his younger daughter Sushri Malki aged 9 to 10 years, to live with Smt.Gurmeet Kaur so that she could help her out before and after her delivery. Smt.Gurmeet Kaur passed away on 11.6.2002. The complainant claims that he and his wife had gone to meet their other daughter Daljeet Kaur at the village 78 NP on 11.6.2002. The village 77 NP where Smt.Gurmeet Kaur used to reside with her husband, was at a distance of 1 km. and thus, the complainant and his wife, went there at about 10-11 O'clock in the morning to meet Smt.Gurmeet Kaur. They were shocked to find out that Smt.Gurmeet Kaur had died and her body had been cremated. They went to the house of the accused and inquired as to the reasons of Smt.Gurmeet Kaur's death. However, nobody gave them a proper reply. One Sheodan Singh, Director was also sitting there, who told the complainant that discussion in this regard would be possible later on. With heavy heart, the complainant and his wife took their younger daughter Malki with them and returned to their home. When an inquiry was made from Malki, she divulged that on the previous night at about 11 O'clock, she was sleeping with Smt.Gurmeet Kaur when her husband, mother-in-law and father-in-law came and started assaulting Smt.Gurmeet who prodded Malki to wake up. The accused caught hold of Malki and gagged her mouth. She was carried to another room and was tied up on a cot. The accused continued to assault Smt.Gurmeet Kaur brutally who was crying out in pain. Malki could not go to help her because she had been tied up. Smt.Gurmeet Kaur was beaten to death. The accused started making preparations for Smt.Gurmeet Kaur's cremation in the early morning. Some ladies bathed the dead body which was then taken away to be cremated. The complainant claims that on this disclosure being made by Sushri Malki, he and his wife started bearing a deep suspicion in their minds that the accused had killed Smt.Gurmeet Kaur and the child in her womb. The accused were allegedly demanding a gold chain and a colour television since long and they had threatened that if these articles were not given, Smt.Gurmeet Kaur would be turned out of her matrimonial home. Smt.Gurmeet Kaur had tried to pacify the accused saying that her father did not have the means to meet their demands. However, the accused did not relent and the deceased was allegedly kept hungry for two days and finally, she (4 of 18) [CRLA-871/2008] was killed. The complainant returned to the village 77 NP on 12.6.2002 and met Sheodan Singh and others. All of them agreed that Smt.Gurmeet Kaur had been killed by the accused as their greed for dowry was not satisfied. The persons present in the funeral of Gurmeet admitted that they had seen blood effusing from her nostrils and ears and numerous marks of injury were present on her entire body. The women who bathed the body, verified this fact. A panchayat was convened. The complainant claimed that he gave an application to the Panchayat alleging Smt.Gurmeet Kaur have been killed and that the accused and the members present in the Panchayat attested this document and a next date was assigned for deciding the future course of action. However, the complainant was not satisfied with the Panchayat's decision because only a monetary fine was proposed and thus, he requested the Panchayat that a case should be registered against the accused. He was told that Police had come to the village and probably, they would take care of this issue. The complainant accompanied with Sheodan Singh, Charan Singh, Sukhinchand etc. went to the Police Station to make an enquiry and found that no case had been registered in relation to the death of Smt.Gurmeet. The complainant requested the Police Officers to register a case. He was assured that the requisite action would be taken. No concrete conclusion was forthcoming whereupon, the complainant claims to have forwarded a written complaint to the S.P. Sriganganagar by post but, he did not receive any response on which, he approached the S.P. in person on 26.6.2002 and submitted an application to him. The S.P. Sriganganagar forwarded the same to the Police Officer, Raisinghnagar vide outward No.1689 but inspite thereof, neither the case was registered nor was any investigation contemplated. The complainant met the Police Officer conducting the inquiry who washed his hands off the matter saying that the body had not been subjected to post mortem and thus, no proof was available against the accused. The complainant allegedly submitted fresh applications dated 4.7.2002 and 16.7.2002 to the S.P. Sriganganagar but no action was taken. Being aggrieved by the total lack of concern shown by the Police officials to his grievances, the complainant proceeded to file a written complaint incorporating the above allegations against the accused on 20.7.2002 in the court of ACJM, Raisinghnagar for the offences under Sections 315, 304B, 120B and 498A I.P.C. The complaint was forwarded to the S.H.O. P.S. Raisinghnagar under Section 156(3) Cr.P.C. where, a formal F.I.R. No.330/2002 dated 26.7.2002 was registered against the accused for the offences under Sections 315, 304B, 498A, 120B and 201 I.P.C. and investigation was commenced. The Police conducted thorough investigation into the matter and filed an exhaustive negative Final Report in the court concerned. The complainant filed a protest petition wherein the statements of witnesses were recorded under Section 200-202 Cr.P.C. The learned ACJM proceeded to pass an order dated 21.4.2004 whereby, the negative Final Report was rejected; cognizance was taken for the offence under Section 304B I.P.C. and the accused Ameerchand and Malkeet Kaur were summoned through warrants of arrest in execution whereof, both of them were arrested. Since the offence under Section 304B I.P.C. was triable by court of Sessions, the case was committed and transferred for trial to the court of the Additional Sessions Judge, Raisinghnagar.
(3.) The learned trial court, framed charge for the offence under Section 304B I.P.C. against both the accused, who denied the same and claimed trial. The prosecution examined 9 witnesses and exhibited 4 documents to prove its case. When questioned under Section 313 Cr.P.C. and upon being confronted with the circumstances appearing in the prosecution evidence, the accused denied the same and claimed to have been falsely implicated. The witness Badriram was examined as a defence witness.;