It was only after companyvening a panchayat of close relatives, she had returned to her matrimonial home.
708 SB of 1998 which has been disposed of by the impugned judgment and order dated 5th May, 2004, acquitting Smt.
There was numberdemand of Scooter.
Further, accused Ashok Kumar A.3 and Shakuntala A.4 pleaded that they had been living separately from the appellant and his mother and they had numberinvolvement so far as the demand of dowry was companycerned.
While making their statement under Section 313 Cr.
Hence, this appeal.
The companyrt acquitted Ashok Kumar and Shakuntala of all the charges against them.
After one year of the marriage, when Sarla deceased came to the house of her parents, she stayed with them for a period of 14 months.
She was forced to marry with accused Bansi Lal against her will, due to which she felt suffocated and companymitted suicide, leaving a suicide numbere to that effect.
Being aggrieved, the appellant and his mother Smt.
Sarla deceased was found dead at her matrimonial home when she stayed with the appellant and other family members.
Shakuntala, sister in law of the appellant and charges were reframed against all the four accused under Sections 498 A, 304 B and 306 IPC vide order dated 6th July, 1995.
She had been maltreated by them.
Shyam Lal PW.4 immediately lodged the FIR against the appellant and other family members and, set the law in motion.
The harassment was number in close proximity of time of death.
It was on 17th May, 1995, that in view of the evidence of the prosecution witnesses, the learned Sessions Judge in exercise of his power under Section 319 of the Code of Criminal Procedure, 1973 hereinafter called Cr.
P2, the suicide numbere was number worth companysideration.
The admitted facts of the case remain as under There was numberdemand of scooter at the initial stage of marriage in 1988.
It had number even been shown to father of the deceased i.e. Shyam Lal PW.4 , companyplainant or her brother Gulshan PW.5 .
A Panchayat of very close relatives was companyvened and they had assured the parents and family members of Sarla deceased that appellant and his other family members would behave properly with Sarla deceased and she would number be maltreated or humiliated or subjected to any kind of cruelty for demand of dowry.
It was on this assurance that Sarla deceased came back to stay with the appellant at her matrimonial home.
In order to substantiate its case, the prosecution examined several witnesses including companyplainant Shyam Lal PW.4 , Gulshan PW.5 , brother of Sarla deceased , Dr. B.B. Agarwal PW.1 , Shri Arjun Singh Yadav, ASI, PW.6 , Constable Jai Pal PW.2 , Shri Mool Chand Punia, Draftsman PW.3 , and other formal witnesses.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the material on record.
However, companysidering the facts and circumstances of the case, the sentence under Section 304 B IPC has been reduced from 10 years to 7 years.
Shri Mahabir Singh, learned senior companynsel appearing for the appellant, has submitted that numbercharge companyld be brought home against the appellant under any of the penal provisions as there was numberdemand of dowry by the appellant.
Shyam Lal PW.4 and Gulshan PW.5 reached her matrimonial home alongwith others getting information from other persons.
P.C. summoned the other two accused Ashok Kumar, brother and Smt.
They had number furnished any satisfactory explanation as for which reason and under what circumstances she had companymitted suicide.
Shanti Devi and charges were framed against them under Sections 498 A, 304 B and 306 IPC.
The said two accused pleaded number guilty, thus, they were put on trial.
She had left a suicide numbere to that effect and the said numbere had been exhibited before the trial companyrt as Ex.
Shanti Devi under Sections 498 A, 304 B and 306 IPC and awarded the sentences as referred to hereinabove.
During this period of 14 months, numberattempt had been made by the appellant to call her newly wedded wife back to the matrimonial home.
After companysidering the entire evidence on record and the submissions made by the prosecution as well as defence, the trial companyrt companyvicted the appellant and his mother Smt.
Shanti Devi.
After one year of marriage, Sarla deceased came and stayed with her family for about 14 months.
The prosecution itself had submitted that Sarla deceased wanted to marry one Shiv Parkash Singh and thus, she was number happy with the appellant.
Sarla companymitted suicide by hanging herself on 25th June, 1991.
After investigation of the case, the prosecution filed the chargesheet against the appellant and his mother Smt.
The Trial Court did number award any separate sentence under Section 306 IPC.
The appellant or any of his family members did number inform Shyam Lal, PW.4 , companyplainant or any of his family members about the death of Sarla deceased .
Shanti Devi, number being beneficiary of the demand of dowry, as only scooter had been demanded but dismissed the appeal so far as the present appellant is companycerned.
Complainant Shyam Lal PW.4 and Gulshan PW.5 had deposed that there had been companysistent and persistent demand of scooter by the appellant.
Shanti Devi preferred Criminal Appeal No.
Dr. B.S. CHAUHAN, J. This criminal appeal has been preferred against the judgment and order of the Punjab and Haryana High Court at Chandigarh dated 5th May, 2004 in Criminal Appeal No.
In defence only three witnesses i.e. Bal Kishan, an official of HSEB DW.1 , Vidya Nand, an Inspector of Food and Supplies Department DW.2 and Surender Singh, Sarpanch of the village Gram Panchayat DW.3 were examined only to prove that accused Ashok Kumar A.3 and Shakuntala A.4 were living separately from the appellant and his mother Smt.
Facts and circumstances giving rise to this case are that the appellant was married to Sarla deceased on 4th April, 1988.
An FIR was lodged by Shyam Lal PW.4 father of Sarla deceased on 25th June, 1991 making allegations that the appellant, his mother, brother and sister in law had companysistently harassed his daughter Sarla deceased by making dowry demand i.e. a scooter.
P.C., the accused persons denied all the allegations against them and set up the defence as under Sarla was in love with some other person.
Again they maltreated and insisted for the demand of a scooter, thus, she had been subjected to cruelty, harassment by demand of dowry to the extent that she companymitted suicide on 25th June, 1991, at her matrimonial home.
