Mehtab S. Gill, J.@mdashThis is an appeal against the judgment dated 1.8.2000 of the Sessions Judge, Rohtak whereby he convicted the Appellants u/s 304-B I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default, to further undergo RI for three months. The Appellants were further convicted u/s 498-A I.P.C. and sentenced to undergo RI for three years and to pay a fine of Rs. 200/- each, in default, to further undergo RI for two months. However, both the sentences were ordered to run concurrently.
2. The case of the prosecution is unfolded by the statement Ex. PG of Kirori Mal given to ASI Narender Singh of Police Station Sadar, Rohtak on 13.12.1996 at about 10.30 p.m. Kirori Mal stated that he is a resident of Balamba. He has five sons and one daughter. His daughter Salochna was married with Ramesh son of Jeet Ram resident of Kabulpur on 31.5.1993. He had given dowry as per his means and had spent Rs. 3 Lacs at the time of the marriage of Salochna. After a few days of marriage, Ramesh husband of Salochna and her Jeths Rajinder and Vishnu started taunting her, saying that she had not brought enough dowry. Salochna told this to her father, mother Kalawati and brother Dhan Raj. She had further told them, that she had been asked, that she should get Rs. 2 lacs of dowry, so that they could further their business and she should not come back ot her husband''s house, till this amount was not brought by her. After some days, son-in-law of the complainant Ramesh came to take Salochna. Kirori Mal pacified his son-in-law and promised to give Rs. 50,000/-. Salochna was treated well for two months. Kirori Mal could not arrange the amount of Rs. 2 lacs, which were being demanded by her husband and his brothers. On 2.6.1996, Salochna came to the house of Kirori Mal to attend the marriage of her brother Dhan Raj. She told her mother Kalawati that her husband Ramesh along with his brothers Rajender and Vishnu have started maltreating her and beating her. She also feared for her life that if the amount of Rs. 2 lacs was not paid, kerosone would be sprinkled on her and they would kill her. Ramesh had also come to attend the marriage of Dhan Raj. Kirori Mal pacified him that he would arrange Rs. 2 lacs. On 3.6.1996, Ramesh and Salochna left for their own house. Kirori Mal could not arrange the amount of Rs. 2 lacs. On 13.12.1996 at about 10 a.m. Ramesh, Rajinder and Vishnu sprinkled kerosene oil on the body of Salochna and burnt her to death. Complainant got the information that his daughter had been burnt. He along with his son Dhan Raj and Suresh son of Ram Kishorey reached Village Kabulpur where they found Salochna lying dead in a burnt condition, in a room in the upper storey of the house. Complainant in his statement stated that he was sure that his daughter had been murdered by Ramesh, Rajinder and Vishnu by sprinkling kerosene oil on her and then burning her. On the basis of this statement Ex. PG, formal F.I.R. Ex. PG/1 was recorded on 14.12.1996 at 12.20 a.m. Special report was sent to the A.C.J.M., Rohtak on 14.12.1996 at 2.20 a.m.
3. The prosecution to prove its case, brought into the witness-box P.W.-1 Constable Sumit Kumar, P.W.-2 HC Jai Narain, P.W.-3 UGC Dharambir Singh, P.W.-4 Constable Krishan Lal, P.W.-5 Constable Suresh Kumar, P.W.-6 Constable Vijay Pal, P.W.-7 ASI Hari Singh, P.W.-8 Jagat Singh, P.W.-9 Kiroi Mal complainant, P.W.-10 Dhan Raj, P.W.-11 Dr. C.P. Arora, P.W.-12 ASI Narinder Singh and P.W.-13 SI Jai Parkash.
4. Learned Counsel for he Appellants has stated that there is an unexplained delay in lodging of the F.I.R. This delay has been utilised to falsely implicate the Appellants. Dhan Raj (P.W.-10) has stated in his testimony before the Court that he received the information of the death of his sister from a farmer belonging to Village Kabulpur who informed him at around 5.30 p.m. about the death of his sister. Dhan Raj P.W.-10 along with his father Kirori Mal P.W.-9 started from their Village Balamba for Village Kabulpur at about 6/6.30 p.m. At about 8.30 p.m. Kirori Mal (P.W.-9) started for the Police Station Sadar, Rohtak to lodge a report. Kirori Mal returned to the place of occurrence at 9.30 p.m. along with the police. Statement Ex. PG of Kirori Mal P.W.-9 was recorded on the same day i.e. 13.12.1996 at 10.30 p.m. F.I.R. PG/1 came into existence on 14.12.1996 at 12.20 a.m. Special report was received by the A.C.J.M., Rohtak on 14.12.1996 at 2.10 a.m. It is clear that there is a delay of more than 12 hours in lodging of the F.I.R. Demand of Rs. 2 lacs was not made soon before the death of Salochna, but as per the F.I.R. Ex. PG/1 and the statement of Kirori Mal P.W.-9 and Dhan Raj P.W.-10, the last demand of Rs. 2 lacs was made on 2.6.1996 i.e. six months before the occurrence taken place. Father of the deceased Kirori Mal P.W.-9 had a small grocery store. The alleged demand of Rs. 2 lacs by the Appellants was not in conformity with the income of Kirori Mal P.W.-9. He was a small type shopkeeper. If a demand of Rs. 20,000/- or Rs. 30,000/- would have been made, it would have been in conformity with the earnings of Kirori Mal. It has come in the evidence of Kirori Mal that he had no bank account, nor did he have any savings account. Kirori Mal P.W.-9 was not in position to pay Rs. 2 lacs and if they would have demanded dowry, it would have been something like a scooter or T.V. The prosecution witnesses Kirori Mal P.W.-9 and Dhan Raj P.W.-10 have stated, that the deceased came to their house on 2.6.1996 and stated that she would be killed, if the dowry demand was not fulfilled. No father would send his daughter to her in-laws'' house, if there was a threat to her life.
5. Learned Counsel has further argued that, the death of Salochna does not come within the ambit of a dowry death, as envisaged u/s 304-B I.P.C.
6. The defence witnesses have fully proved the innocence of the Appellants. Dr. V.K. Govila D.W.-2 after examining Appellant Rajender Parsad by a Board of doctors on 19.11.1996 consisting of Dr. S.K. Gupta, Dr. M.K. Bishnoi and Dr. V.K. Govila D.W.-2 has stated that he is suffering from hemiparesis. His disability was assessed to be 50%. D.W.-3 Phool Kanwar, Clerk of the office of the District Food & Supplies Controller, Rohtak has stated that Ration Card No. 134109 of House No. 148 has been issued in the name of Appellant Vishnu Dutt.
7. D.W.-5 Sudhakar Dass has stated in his testimony that letter mark C bears the stamp of Post Office Charampan, District Cuttack (Orissa). He had affixed seal of the post office on the letter mark C. on 4.12.1996. This letter has been addressed to Appellant Rajender Parsad. Letter mark D dated 9.12.1996 is also addressed to Appellant Rajender Parsad, sent from Orissa.
8. D.W.-6 Puran Mal has stated that Appellant Ramesh Kumar came to his house in Bhadrak (Orissa) on 2.12.1996 and stayed with him till 13.12.1996. On 13.12.1996 he received a telephonic message from Appellant Rajender Parsad that the wife of Ramesh Kumar had expired and to send him back to Village Kabulpur. Learned Counsel for the Appellants has argued, that it is clear from these letters that on the day of occurrence i.e. 13.12.1996 Appellant Ramesh Kumar was not in his house in Kabulpur, but had gone to Orissa due to some business work. Appellant Rajender Parsad could not have participated in the commission of the offence, as he is a disabled person and was suffering from Hemiparesis. Appellant Vishnu Dutt who is the father of small children, would not have participated in the commission of offence, nor would he have allowed his brother to maltreat Salochna, as he himself had a number of children to look after.
9. Learned Counsel for the State has argued, that the death of Salochna falls within the ambit of dowry death. Appellants had demanded Rs. 2 lacs as dowry from deceased Salochan and as she could not fulfil the demand, she was first assaulted and strangulated and thereafter her body was burnt, so that the evidence could be destroyed. Dr. C.P. Arora (P.W.-11) has stated in his testimony that the deceased was pregnant by 16 weeks. Death had taken place in the house of Appellant Ramesh Kumar within 7 years. Appellants were arrested on 15.12.1996. It is clear that Appellants after extinguishing the life of Salochana, ran away as they were arrested on 15.12.1996. Letters mark A, B, C and D are fabricated. These letters could not be proved as they were written by some unknown persons, only to show that Appellant Ramesh Kumar was in Orissa on 3.12.1996 and 8.12.1996. Further, letter mark C dated 13.12.1996 has been written to show that Appellant had left from Orissa and returned to Kabulpur. It has come in the evidence of the prosecution witnesses Kirori Mal P.W.-9 and Dhan Raj P.W.-10 and also in the testimony of Raghbir Singh D.W.-7 that Appellant Ramesh Kumar resided on the first floor whereas the other Appellants resided on the ground floor.
10. We have heard the learned Counsel for the parties and perused the record with their assistance.
11. Occurrence in this case had taken place on 13.12.1996 at 10 a.m. Distance between the place of occurrence and the police station is 22 kms. Kirori Mal P.W.-9 was informed about the occurrence in the evening on the same day and thereafter he came to Village Kabulpur and gave his statement Ex. PG at 10.30 p.m. Formal F.I.R. Ex. PG/1 was recorded on 14.12.1996 at 12.20 a.m. Special report reached the safe hands of A.C.J.M. Rohtak on 14.12.1996 at 2.10 a.m. There is in fact, no delay in lodging of the F.I.R. Firstly, Kirori Mal P.W.-9 along with his son Dhan Raj P.W.-10 came from their Village Balamba to Kabulpur. On seeing that his daughter had been burnt, Kirori Mal P.W.-9 started for the police station. His statement Ex. PG was recorded by ASI Narender Singh P.W.-12 and it is thereafter that the police came into action. It has come in the evidence of Kirori Mal P.W.-9, Dhan Raj P.W.-10 and Raghbir Singh D.W.-7 that Appellants Ramesh Kumar, Vishnu Dutt and Rajender Parsad stayed in the same house on different floors. Suresh Kumar Sarpanch D.W.-4 has stated in his testimony, that Appellant Rajender Parsad told him to inform him, that he had deputed Vishnu Dutt regarding the burning of Salochna and also to bring the parents of Salochna from Village Balamba along with other respectables, to the room where Salochna was lying dead. It is clear from his statement that Appellant Rajinder Parsad and Vishnu Dutt were present in the house when Salochna was put to death and her body was burnt. He had further stated that Kirori Mal P.W.-9 reached at about 5 p.m. A lot of emphasis has been placed by the counsel for the Appellants that Ramesh Kumar was present at Orissa on the date and time of occurrence. Letter dated 4.12.1996 mark C addressed to Rajender Parsad and letters A and D are also addressed to Rajender Parsad alleged by Sudhakar Dass D.W.-5, to prove that Appellant Ramesh Kumar at the time of occurrence was in District Cuttack (Orissa). These letters are all fabricated documents and have not been proved by the persons who had written them. In fact, D.W.-1 Puran Mal who is a resident of Bhadrak (Orrisa), has stated in his testimony that Appellant Ramesh Kumar visited his house on 2.12.1996, and stayed with him till 13.12.1996. He has further stated that he has seen letters mark C and D which Ramesh had written to his brother Rajender from Bhadrak. Letter mark C was written on 3.12.1996 and letter mark D was written on 8.12.1996. He has also written a letter of condolence mark C. This was sent on 13.12.1996 Dasti through Appellant Ramesh Kumar. Letters which have been written by Puran Mal D.W.-6 could not be proved by the defence. Raghbir Singh D.W.-7 is a cultivator of Kabulpur. He has stated in his testimony that he saw Salochna burning. He along with others extinguished the fire with water. Appellant Vishnu Dutta was summoned through telephone from the house of Sarpanch. He has further stated that when the body of Salochna was burning, they broke open the door by kicks and blows. He has categorically stated that all the Appellants are staying in the same house. The defence witnesses apart from Dr. V.K. Govila D.W.-2 do not inspire confidence. In fact, they have proved that the Appellants were living together. The body of Salochna was burning when Raghbir Singh D.W.-7 reached the place of occurrence. Appellants Vishnu Dutta and Rajinder Parsad were in the house. Though an attempt of alibi has been made on behalf of Appellant Ramesh Kumar, but he has not been able to prove that he was not in the house at the time of the death of his wife Salochna.
9. As per Section 113-B of the Indian Evidence Act, 1872, it was incumbent upon the Appellants to prove their case by leading cogent and convincing evidence, which they have failed to do so. Learned Counsel for the Appellants has argued that the demand of dowry was six months before the death of Salochna and not soon before death. Ingredients of Section 304-B regarding "soon before death" are not fulfilled. This argument does not cut much ice. Soon before death" cannot be construed as immediate. The demand of Rs. 2 lacs was made six months before the death of Salochna and also as per the evidence of Kirori Mal (P.W.-9) and Dhan Raj (P.W.-10) about 15 days before Salochna was murdered.
10. We are of the considered view that Salochna was put to death by Appellants Ramesh and Vishnu Dutta for the demand of dowry.
11. Learned Counsel for the State has relied upon a judgment of the Hon''ble Supreme Court in
12. Case of the prosecution against Appellant Rajinder Parsad is doubtful. He is given benefit of doubt and is acquitted of the charge framed against. His appeal is allowed.
13. Prosecution has been successful in proving the case against Appellants Ramesh Kumar and Vishnu Dutt. Their appeal is dismissed.
Appeal dismissed.
