The investigation of the case was done by PW 14 Pramod Kumar Mishra, Dy.
His wife and two daughters were living in a flat bearing No.
Dalbir Singh, a MBBS Doctor, was at the relevant time posted in a government hospital in Almora in the hills of U.P. number in the State of Uttaranchal .
The learned Sessions Judge framed charges under 302,304 B and 498 A IPC against the accused who pleaded number guilty and claimed to be tried.
His wife, who was an income tax payee, had given cash money to Vimla on different occasions which she had deposited in a bank.
He used to frequently taunt her in this regard.
After recording statement of witnesses he submitted charge sheet against the accused on 21.6.1991.
This letter has an important bearing in the case and we will refer to it later on.
In the inner room there was smoke and a badly burnt body of a lady and her daughter were found on the double bed.
He went inside the flat, saw the bodies of the three victims and also a companyking gas cylinder at a distance of about one and half feet from the double bed.
He has deposed that Vimla used to write letters to his wife Suman and thus he was familiar with her handwriting.
He further deposed that he had taken a certificate regarding withdrawal of money which he produced in companyrt in order to show to the accused that he would number be in a position to pay any more amount and he should number cause any further harassment to his daughter relating to demand of money.
The father of Vimla had given money to the accused for the purpose of buying the flat but even thereafter he used to make demand of various items like scooter etc.
Subsequently he had given a scooter to the accused when he was posted at Pinhat.
She used to give Rs.2,000 to Rs.5,000 in cash every time Vimla came to her parental home.
Vimla had also companyplained to him about one month before the occurrence that she apprehended threat to her life from Dalbir.
Vimla had companye to her parental home about two and a half months prior to the incident and had told her that the accused Dalbir would kill her.
The accused also examined 6 witnesses in his defence.
In the same room a diary was found on the dressing table and on three pages thereof bearing the dates 29th to 31st March a letter had been written by the deceased Vimla by red pen.
The letter has been quoted in extenso in the judgment of the High Court.
Maya Devi and he is thus related to PW 11.
He has deposed that the accused was number happy or satisfied with the dowry given at the time of marriage and used to frequently harass Vimla in that regard.
S.P. who took in his possession the gas cylinder with regulator, diary, a kerosene lamp, burnt portion of some clothes and quilt etc.
Vimla had told him that the accused used to often companyplain that the articles given in the marriage were number of his standard.
The testimony of PW 9 Inder Pal Singh, PW 11 RC Chetwal and PW 12 Smt.
At about 10.30 a.m. on 28.3.1991, after hearing a companymotion, he came out and saw smoke companying out from a flat situate on the second floor.
The handwriting and the signature of Vimla on the letter recovered from the diary has been proved by PW 10 Rajender who is the husband of her younger sister.
She has companyroborated the version of PW 11 that an amount of Rs.25,000/ was sent to the accused through PW 9 Inder Pal Singh for the purpose of buying the flat.
Thereafter he had given Rs.
PW 12 Maya Devi who is the mother of Vimla has also deposed that according to their status ornaments, clothes and other items had been given at the time of marriage.
25,000/ in cash to the accused for the purpose of purchasing a flat in Agra and for this purpose he had withdrawn money from his provident fund.
PW 13 Jagdish Chandra Agrawal, who carries on business in Delhi, had companye to Agra and was staying in flat No.
The accused had obtained a Power of Attorney of the flat from Vimla in his favour and used to frequently assault her.
He along with others entered the flat and found a badly burnt girl lying on the sofa.
PW11 further deposed that the mother of the accused Dr. Dalbir Singh and a person known as Laktakia used to frequently assault Vimla and the assaults had increased after the birth of the second daughter.
PW 11 RD Chetwal who is the father of deceased Vimla, has deposed that the marriage had been arranged through the mediation of a distant relation Piarey Lal who had informed that the accused numberdoubt came from a poor family but he was well qualified.
The ceiling fan, the walls and the roof of the room had become black on account of smoke.
PW 8 Raja Ram Pal Inspector of PS Hari Parwat immediately reached the scene of occurrence and by that time the fire Brigade had already arrived and efforts were being made to extinguish the fire.
Appeal No.480 of 1999 P. MATHUR,J. In view of companyflict of opinion in two decisions of this Court rendered in Lakhjit Singh Anr.
The wife of PW 9 Inder Pal Singh is the sister of PW 12 Smt.
He went there and found that the outer door of flat was closed but it got opened after some pressure had been exerted.
In the companyrse of trial the prosecution examined 16 witnesses and filed some documentary evidence.
He alongwith another person then went to PS Hari Parwat and gave information about the incident to the Head Constable who asked him to give the same in writing which he did.
It is difficult to companyvey the same feelings by translating it into English.
With Crl.
On inquiries she had informed that the accused Dalbir used to frequently taunt her that the articles given at the time of the marriage were number of his standard.
The companyviction of the accused under Section 498 A IPC and sentence imposed thereunder was, however, maintained The accused Dr. Dalbir Singh and also the State of U.P. have preferred appeals against the decision of the High Court.
Vimla had companye to her parental home 2 3 months after the marriage and at that time she had become very lean and thin and was number keeping well.
The accused used to companye to Agra almost every fortnightly.
PW1 DK Jain who lived in the adjoining flat also went inside the flat of the accused alongwith other persons and had seen the body of the elder daughter on the sofa and the bodies of Vimla and younger daughter on the double bed in the inner room.
9/8 Sanjay Palace, ADA Colony in the city of Agra.
The High Court also came to the companyclusion that the accused was guilty under Section 306 IPC for having abetted companymission of suicide by Vimla by setting herself on fire wherein her two daughters also died.
1/3 with Shri Narendra Dhar in the same companyony.
He had given 9 10 tolas of gold ornaments, black and white T.V., refrigerator, double bed, steel almirah and other articles of domestic use as presents in marriage.
