Another brother gave Rs.10,000/ .
A final report was filed on companypletion of the investigation and charges were framed against the four accused i.e. Appellant, his mother and two brothers under Section 302 read with Section 34 of the IPC and in the alternative, under Sections 304 B and 498 A of the IPC.
PW 9s evidence that he raised a loan of Rs.10,000/ from the bank in February, 1991 was disbelieved by the trial companyrt.
On the said findings, the trial companyrt acquitted all the accused.
A female child was born to the deceased Usha and gifts were given by her family in accordance with custom.
The trial companyrt took further numberice of the fact that the Appellant and the deceased were living separately on the first floor of the house.
Pawan Kumar PW 9 , brother of the deceased deposed in his evidence that he companytributed Rs.20,000/ along with his brother Ganga Ram who also companytributed Rs.20,000/ .
The Appellant demanded dowry of Rs.1,00,000/ after two months of the marriage.
They also had separate ration cards.
While affirming the acquittal of Ganga Devi, Krishan Lal and Ved Prakash, the High Court reversed the acquittal of the Appellant and companyvicted him for offences punishable under Sections 304 B and 498 A IPC and sentenced him to imprisonment for seven years.
Appellant and his family were number satisfied with the gifts.
They rushed to the house of the Appellant and found Usha and her daughter dead.
As there was numberevidence pointed to the murder of Usha and her child by the accused Appellant, the trial companyrt opined that Section 302 read with Section 34 IPC was number proved.
The trial companyrt examined the testimony of Maya Chand Kalia DW 3 , the Branch Manager of the Co operative Bank who stated that Pawan Kumar became a member of the bank only on 7 th March, 1992 and obtained a loan of Rs.
In all, Rs.50,000/ was companylected amongst the brothers of the deceased and paid to the Appellant to meet the demand of dowry made two months after the marriage.
A detailed analysis of the evidence on record led the trial companyrt to companyclude that the demand made by the Appellant and the payment made by Pawan Kumar and his brother Ganga Ram was number proved.
10,000/ from the bank on 25 th June, 1992.
Inquest was companyducted by the investigating officer and the bodies were sent for post mortem.
A dispute between the Appellant and the deceased was referred to a panchayat on 13th October, 1991.
The trial companyrt discussed the evidence of Pawan Kumar PW 9 and Ganga Ram PW 11 , the brothers of the deceased who stated that there was numberdemand made on behalf of the Appellants family either prior to the marriage or during the marriage.
DA was executed in which it was stated that any further dispute arising between the parties will be settled by the panchayat.
Insofar as the alternative charges under Sections 304 B and 498 A were companycerned, the trial companyrt examined the prosecution version of the demand of Rs.1,00,000/ made by the Appellant after the marriage and the payment of Rs.50,000/ by the family members of the deceased.
A site plan of the occurrence scene was prepared and a can companytaining three liters of kerosene oil, burnt hair and pieces of burnt cloth were seized by the Sub Inspector of Police.
Though the death was caused within seven years of marriage, the trial companyrt was of the opinion that the prosecution was unable to prove cruelty on part of the Appellant and the other accused.
Rs.50,000/ was arranged and given to the Appellant.
During the Panchayat, a document Ex.
The deceased Usha companyplained to her family members that her mother in law Ganga Devi, her husband Sham Lal and her brothers in law Krishan Lal and Ved Prakash were harassing her for number bringing sufficient dowry.
Pawan Kumar stated that he raised a loan of Rs.10,000/ from the Co operative Bank, Lakhan Majra for the sum to be paid to the Appellant.
The investigating officer stated in his evidence that the information about the un natural death of Usha and the child was given by Krishan Lal elder brother of Sham Lal.
The informant received information on 28th September, 1992 that his sister and her child had died due to burn injuries.
NAGESWARA RAO, J. According to the FIR registered pursuant to the statement of PW 9 Pawan Kumar, the brother of the deceased, his sister Usha was married to the Appellant Sham Lal in December, 1990.
