RAMA TYAGI Vs. STATE

JUDGEMENT

(1.) These Criminal Appeal Nos. 39/1995 and 63/1995 seek to challenge the judgment of the learned Additional Sessions Judge in SC No. 2/199, dated 10.2.1995 whereby the learned Additional Sessions Judge held the appellant guilty under Sections 498-A/304-B/34, IPC and further vide a separate Order dated 13.2.1995 sentenced the accused to undergo rigorous imprisonment for seven years each under Section 304-B, IPC as also to undergo rigorous imprisonment for a period of one year each and a fine of Rs. 500/- each and in default of payment of fine to undergo further simple imprisonment for three months each under Section 498-A, IPC.

(2.) Facts giving rise to this case, as have been noted by the learned Additional Sessions Judge, are as follows:

(3.) The prosecution in order to prove the case examined as many as 28 witnesses. Yashwant Singh Tyagi (PW-1), the father of the deceased, has strongly supported the prosecution's case to the effect that Kavita was harassed and physically abused over dowry and that he suspected that Kavita had been driven to commit suicide and that the death of Kavita was as a result of the witnesses' inability to satisfy the demands. He stated that in June, 1991 Kavita had told him that the accused persons were demanding dowry and harassing her on that account. The witness pacified his daughter and sent her back. In the last week of June, 1991, he went to the house of the accused persons and explained to them his inability to meet the demands of colour television, VCR and Hero Honda Motor Cycle. Two days thereafter Sanjay left Kavita at the house of this witness and she remained there through July only to be sent back by this witness in August, 1991. In August, 1991 when he n he visited his daughter, he found that ';he had been beaten and bore finger marks upon her face. Upon enquiry Kavita told him that she was beaten on account of her inability to satisfy their dowry demands and that she had been threatened to be done away with. This witness returned home and sent his son to fetch Kavita, who was then brought home by Umesh in August, 1991. Kavita lived in her parental house upto August, 1991. The ac accused persons had pressurised him and his family to send Kavita to the matrimonial house. Kavita returned to the matrimonial house on an assurance that she will be well treated. Umesh, her brother, visited Kavita where she narrated to him the beating that she had received at the hands of the accused over lack of dowry. This witness has also deposed to the effect that Sanjay and Vinod came to the house and told him that in the event their demands are not fulfilled, they would leave Kavita. On 27.11.1991 he received an information to the effect that his daughter had died.