PW 1 Sat Paul, PW 2 Raj Kumar and PW 11 Des Raj.
The defence of the appellant was that she had been suffering from several diseases like depression, leucorrhea, abdominal trouble and was on medicine.
On the morning of the next day, both of them visited the house of the appellant.
40,000/ .
Ants were creeping on the body.
Apart from the said draft of Rs.
They were married on 11.03.1986.
25,000/ dated 1.02.1986 which was encashed on 3.02.1986 at Mansa, the prosecution, thus, had also been able to prove payment of a sum of Rs.
The prosecution has number been able to prove demand of dowry of Rs.
25,000/ from Sector 22 D Branch of Chandigarh on 1.02.1986 as also a draft dated 19.03.1986 for a sum of Rs.
The said letters were sought to be proved by one Joginder Singh Bedi.
An attempt was made to prove a few letters allegedly written by the deceased to the accused.
Allegations made therein were companyfined to number return of the articles which was allegedly given to the bride for her own use.
PW 7 G.S. Mann, Manager, State Bank of Patiala, Bhatinda proved payment of the said drafts to the appellant.
The probable time that elapsed between injuries and death will be known after receiving the report of the Chemical Examiner, Patiala.
5,000/ which was issued from Chandigarh in favour of Rameshwar Dass appellant payable at Mansa.
Lungs were companygested.
He also denied that Sat Paul came to Bhatinda on 4.06.1988.
Statement was made before him by Sat Paul at about 2.45 p.m. The said statement was sent to the police station and the same was recorded at 4 p.m. on the same day on the basis whereof the F.I.R. was recorded.
However, when they returned after three or four hours, the house was found to be locked.
They were based on different transactions.
A male dead foetus was lyng in the utering cavity.
40,000/ in cash which companyld number be fulfilled.
The charges in both the cases were number same.
Rigor mortis was present.
DW 1, as numbericed hereinbefore, was a prosecution witness.
The learned Sessions Judge relied upon the testimonies of Sat Paul and Des Raj.
The said letters were number produced.
The time between death and post mortem was within 24 hours.
Mis appropriation of the said articles was alleged on the part of the appellant therein.
Bladder companytained 2 ounces of urine.
Allegedly another sum of Rs.
Level of the uterus was 3 above the umbilicus.
The learned companynsel for the State, on the other hand, supported the impugned judgment.
At about 1.30 p.m., they reached the hospital at Bhatinda and came to know that Sushma Rani had expired.
A demand for dowry was made.
5,000/ to the appellant by demand draft dated 19.03.1986.
According to him, Shri Joginder Singh Bedi was requested to inform his in laws on telephone about the death of Sushma, whereupon his father in law and other relations came in the night and demanded valuables including the ornaments and on his refusal to give the same, they had filed a false case.
The defence of the appellant, as numbericed hereinbefore, was that the relationship between the parties was companydial.
Large intestines companytained some faecal matter.
The only question which is required to be taken into companysideration is as to whether the deceased soon before her death was subjected to cruelty or harassment by her husband for or in companynection with the demand of dowry.
Fluid was companying out from numbertrils and mouth.
For number fulfillment of the said demand, the deceased was allegedly tortured.
These abrasions and clotted blood was post mortem and is caused by ants.
Skin was red.
However, allegedly at the time of marriage the parents of the appellant demanded a further sum of Rs.
On receipt of a report in this behalf, ASI Mal Singh visited the hospital at about 1.20 p.m. It was at a distance of about 1 km.
from the police post.
Multiple abrasions were seen on the waist line, neck, arm with clotted blood.
Eyes were companygested enclosed.
Commission of suicide by Sushma Rani is also number in dispute.
Appellant had sent a telegram on 16.04.1988 to Des Raj stating MUTUAL MISUNDERSTANDING REACH IMMEDIATELY RAMESHWAR On or about 4.06.1986, Sat Paul, brother of the deceased PW 1 , visited the house of his brother in law Raj Kumar PW 2 , which is situate in the village, where the incident took place and stayed there for the night.
Surprisingly, for reasons best known to the appellant, numberattempt was made even to bring the said judgment dated 5.11.1992 to the numberice before the High Court.
Even after the companyviction, a settlement had been arrived at by and between the parties and in fact the companysin of the deceased was married to the appellant whereafter an application for companypromise had also been filed.
Stomach companytained about 1/4th ounce of semi digested food small intestines companytained a small amount of chime.
She admittedly was pregnant at that time.
An engagement ceremony took place twenty days prior thereto.
40,000/ .
To prove mal treatment of the deceased on the part of the appellant, three witnesses were examined, viz.,
25,000/ by way of a demand draft was handed over to the husbands family at Mansa when shagun ceremony was performed.
The said judgment of acquittal was passed on 5.11.1992, whereas the learned Sessions Judge passed his judgment on 18.10.1989 in the instant case.
The learned Sessions Judge also took into companysideration the fact that some quarrel must have taken place between the spouses wherefor the telegram dated 16.04.1988 was sent to Des Raj by the appellant himself.
There was a centre of ossification of the talus bone.
He did number produce any letter.
The said companyplaint was in relation to a demand made before the marriage took place.
No centre was seen in the upper end of femur.
11,000/ was paid in cash, as further demand was made by the family of the appellant.
The fact that the deceased companymitted suicide is number in dispute.
Had an application for adducing additional evidence been filed, the High Court number only companyld have companysidered the same, it companyld have also called for the record of the said case to examine the matter at some length.
Meconium was present in the large intestines.
A sum of Rs.
The companyrt found companyroboration in their testimonies from the fact of payment of money by way of demand drafts.
He also alleged that he was detained by the police in the hospital.
It was met in part.
PW 3 Dr. Balbir Singh examined the deceased when she was brought to the Civil Hospital.
Appellant and the deceased were found quarreling with each other on account of demand of dowry of Rs.
The fact that the death took place within seven years from the date of marriage is number in dispute.
Appellant left his house at about 9 a.m. Sat Paul and Raj Kumar also went to the town.
The statement of PW 2 Raj Kumar was also recorded on the same day.
The Branch Manager of the State Bank of India Shri Anup Krishan PW 6 proved preparation of the demand draft of Rs.
Some cutaneus fat was present.
On an enquiry having been made from the neighbours, they were informed that the deceased had been taken to hospital as she had companysumed something.
Appellant was arrested on 12.06.1988.
On dissection of the uterus, it was engorged with dilated veins and going into the abdomen about 2 1/2 above the umbilicus.
The length of the foetus was 37 cms and weight was 1 2/4 kgs.
He tried to pacify them.
Before the learned Sessions Judge, the prosecution inter alia examined PW 1 Sat Paul, PW 2 Raj Kumar, PW 3 Dr. Balbir Singh, PW 4 Dr. S.K. Gupta, PW 5 Gurjant Singh Record Keeper , PW 6 Anup Krishan Branch Manager State Bank of Patiala, Chandigarh , PW 7 G.S. Mann, Manager, State Bank of Patiala, Bhatinda , PW 8 Gulab Chand Supervisor Telegraph Office , Bhatinda, PW 11 Des Raj and PW 12 ASI Mal Singh.
The family of the deceased having suffered several deaths, the deceased started suffering from severe depression wherefor she was given a taveej which also goes to show that she had companymitted suicide.
PW 4 Dr. S.K. Gupta companyducted the post mortem examination at 9 a.m. on 6.06.1988.
A companyplaint petition was later on filed under Sections 405 and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act which ended in acquittal by a judgment dated 5.11.1992 and a revision petition filed thereagainst by Des Raj was withdrawn on 2.03.1995 which clearly establishes innocence on the part of the Appellant.
B. SINHA, J Appellant stood trial for companymission of an offence under Section 304B of the Indian Penal Code in companynection with unnatural death of his wife Sushma Rani.
