The prosecution in support of its case examined Jiwan PW.1 companyplainant, Suresh PW.2 , Fateh Singh PW.3 , Inder Lal PW.4 and other formal witnesses, however, gave up certain witnesses like Gopi Chand on the apprehension that he had been won over by the accused persons.
However, her husband and parents in law were number satisfied with the dowry.
Accused persons had informed her parents through Rajbir accused and cremation was done after arrival of Jiwan PW.1 companyplainant and his other relatives.
Unfortunately, numbere of the companyrts below has taken numbere of the FSL report though the documents had been marked as Ext.
146 DB of 1994 before the High Court.
Brahmo Devi, Rajbir and Dharampal were found present.
There was sufficient evidence on record to show demand of dowry by the appellant from his father in law.
PH1 dated 16.8.1989 revealed that the fragments of bones in Ext.
PH1 were identified that they belonged to human individual.
P.C., the accused made the statement that they had been falsely implicated in the case.
Under Section 313 Cr.
After appreciating the evidence and companysidering the documents on record, the trial companyrt reached the companyclusion that there were material inconsistencies in the depositions of Jiwan PW.1 , companyplainant, Suresh PW.2 and Fateh Singh PW.3 , particularly on the issue of demand of dowry as they companyld number exactly point out the amount of demand and payment.
Result of the examination numbercommon metallic poison companyld be detected in Ext.
He lifted broken pieces of glass bangles and prepared a recovery memo in presence of the witnesses.
The I.O. went to the cremation ground and took into possession the ashes and bones in presence of Jiwan PW.1 , companyplainant and other witnesses and after putting them under sealed companyer sent the same for FSL report.
The said accused as well as the appellant were arrested.
Indro died within a period of one and a half years of marriage.
PH and Ext.
The trial companyrt also drew adverse inference for withholding material witnesses, particularly, Gopi Chand who had informed the companyplainant about the death of his daughter.
The appellant had been making taunts and caused torture to the deceased on the ground of inadequate dowry.
The demand by the appellant had been fully supported by Suresh PW.2 who purchased the house of the companyplainant for a sum of Rs.12,000/ .
The trial companyrt vide judgment and order dated 3.8.1993 acquitted all the accused persons of all the charges.
The prosecution case has been that the companyplainant has been forced to sell his house to meet the demand of dowry.
Aggrieved, the State preferred Criminal Appeal No.
Suresh PW.2 , though deposed that he had purchased the house of the companyplainant for a sum of Rs.12,000/ , however, numberdocument companyld be produced in respect of the same as land under the house belonged to Wakf Board.
There is ample evidence on record and it has specifically been mentioned by the prosecution witnesses, particularly, Jiwan PW.1 , Fateh Singh PW.3 and S.I., Inder Lal, O., PW.6 , that some broken pieces of bangles had been companylected by the I.O. from the place of occurrence and broken bones and articles were companylected from the cremation site and sent for chemical analysis to Forensic Science Laboratory.
He made the inquiries from them and, thereafter, came back to the police station and added the offence under Section 304 B IPC.
Hence, this appeal.
Shri K.K. Kaul, learned companynsel appearing for the appellant, has submitted that there has been numberdemand of dowry by the appellant.
The High Court companyvicted the appellant under Section 304 B IPC and imposed the punishment of 7 years rigorous imprisonment, further under Section 498 A IPC imposed the punishment of six months RI.
The accused persons, namely, Smt.
The prosecution case has been that Indro, deceased, companymitted suicide by taking pills poison.
He further recorded the statement of witnesses under Section 161 of Code of Criminal Procedure, 1973 hereinafter called Cr.
The first document is report No.
In respect of other persons the order of acquittal passed by the trial companyrt was maintained.
Deceased was suffering from fits, as a result of which she died.
FSL H dated 29.5.1990 by the Forensic Science Laboratory, Haryana, Madhuban, Karnal, wherein the result of examination of bones and ashes is as under Ext.1 some burnt bones alongwith ash Approximately 1 Kg.
Dr. B.S. CHAUHAN, J. This criminal appeal has been filed against the judgment and order dated 11.1.2007 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.
Appellant was leading a happy married life and never ill treated his wife for number bringing enough dowry.
PC before the police at Rohtak Chowk, Kharkohda to the effect that his daughter Indro, aged about 21 years, was married to appellant Rohtash about one year back and in the said marriage he had given sufficient dowry according to his capacity.
Facts and circumstances giving rise to this appeal are that On 4.7.1989 at 8.00 p.m., Jiwan PW.1 made a statement Ext.
P.C. After companypleting the investigation, the I.O. submitted the chargesheet and trial companymenced for the offences under Section 304 B and 498 A IPC.
