Dowry Demand – Improvement in statement – Mentioning of additional items during examination than as mentioned in complaint – Same taken as improvement in statement – Accused acquitted

Mr. Kuldip Singh, J - This appeal is directed against judgment dated 19.3.2013, passed by learned Additional Sessions Judge, Jind, vide which accused-appellant was convicted under Sections 304-B and 406 IPC and vide order of sentence dated 21.3.2013, sentenced as under :-

Offence	Rigorous Imprisonment Fine	In default of payment of fine
304-B IPC	Life	Rs. 5000/- SI for two months
406 IPC	1 (one year)	Rs. 1000/- SI for 15 days

2. Both sentences shall run concurrently.

3. Nisha Devi, wife of present appellant Vikram, died on 27.9.2011 after consuming some poisonous substance. The police on receiving the intimation reached the spot where Om Parkash, father of deceased Nisha, made a statement to the police to the effect that he is running a Tea rehri (cart). He has got three daughters and two sons. His daughter Nisha was married with accused Vikram about 16 months back. He had given sufficient dowry as per his capacity. Nisha Devi gave birth to a female child, who was aged about 6/7 months at the time of her death. Om Parkash stated that his son in law and parents in law of his daughter used to harass and beat her daughter for brining less dowry. His daughter told him about same many times. He had gone to village of accused Khera Khemawati and requested the in laws of her daughter to understand, but of no avail. About 20 days ago, Nisha Devi informed him telephonically that his husband is demanding a motorcycle and beating her. Then, he alongwith his son Jitender again visited village Khera Khemawati at the hosue of accused and told his son in law and parents in law of his daughter that he is a poor man and is unable to give motorcycle. Today i.e. 27.9.2011, at about 10:00 AM, he received a message that his daughter Nisha made a telephone call which was received by his elder daughter that husband and parents in law of Nisha are beating her. He went to work. His son came to him and told him that he has been called at house. On reaching home, his two sisters, who were already married in village Khera Khemawati told him that he should go to house of her daughter Nisha in village Khera Khemawati. On reaching village Khera Khemawati, he found that his daughter Nisha Devi was lying dead. Om Parkash alleged that his daugther has been murdered by accused by serving some poisonous substance.

4. The police after recording the statement lodged FIR (Ex.PA/2) under Sections 304-B and 406 IPC. The inquest report (Ex.PG) was prepared. The post mortem of dead body was got conducted. The viscera was sent to chemical examiner. The police also recovered dowry articles, vide recovery memo Ex.PB. After completion of investigation, accused Vikram was challaned. Bala and Lakhmi Chand, father and mother of Vikram, were found innocent.

5. Accused Vikram was chargesheeted under Sections 304-B and 406 IPC, to which he pleaded not guilty.

6. In support of its case, prosecution examined as many as 11 witnesses.

7. In the statement under Section 313 Cr.P.C., accused while denying the evidence led against him stated that he has been falsely involved in this case. Nisha Devi was kept nicely at her matrimonial home. She was not subject to any harassment or cruelty. He claimed that he already owned a motorcycle No. HR33C-1162. It was a simple marriage. He is innocent.

8. In defence, accused produced registration certificate of motorcycle (Ex.DL) and closed the evidence.

9.After going through the evidence and hearing the prosecution and defence counsel, the learned Additional Sessions Judge, Jind, convicted and sentenced the accused as aforesaid.

10. We have heard the learned counsel for accused, learned State counsel and have also carefully gone through the file and lower Court file also.

11. First of all, medical evidence in the form of statement of Dr. Rohit Raina (PW4), Medical Officer, General Hospit