The main legal point established in the judgment is the importance of providing the accused with an opportunity to defend against any alternative charges and the application of reverse burden of proof under Section 304B IPC.

JUDGMENT :

Ajai Tyagi, J.

1. This criminal appeal is preferred by appellant-Raj Kumar against the order and judgment dated 17.09.2011 passed by Additional Sessions Judge, Court No.17, Bulandshahr in Session Trial No.1398 of 2007 (State Vs. Raj Kumar) and Session Trial No.86 of 2008 (State Vs. Smt. Geeta and others) arising out of Case Crime No.301 of 2007, under Section 498A, 304B of IPC alternatively under Section 302 r/ w Section 149 of IPC and Section 3 and 4 of Dowry Prohibition Act, Police Station-Pahasu, District-Bulandshahr, by which the accused persons Smt. Geeta, Tej Pal and Ram Pratap were acquitted of all the charges. During the course of trial, accused Dharmwati has passed away and trial was abated against her and appellant-Raj Kumar was convicted for the offence under Section 302 r/w Section 149 of IPC and sentenced for life imprisonment with fine of Rs.10,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was also convicted under Section 3 of Dowry Prohibition Act, 1961 and sentenced to five years R.I. and fine of Rs.15,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was further convicted under Section 4 of Dowry Prohibition Act, 1961 and sentenced to two years R.I. with fine of Rs.5,000/-and six months additional S.I. in case of default of fine. All the sentences were directed to run concurrently.

2. Heard Shri Mohd. Samiuzzaman Khan, learned counsel for the appellant, Shri N.K. Srivastava, learned AGA for the State and perused the record.

3. The brief facts as culled out from record are that informant Ompal Singh gave a written report in police station-Pahasu, District-Bulandshahr on 13.08.2007 alleging that he is resident of Bank Colony, Bhiwani, Haryana. He had solemnized the marriage of his daughter Pooja on 06.05.2007 with Raj Kumar son of Heera Singh resident of District-Bulandshahr. He had given dowry more than his capacity but in-laws of his daughter were not happy with the dowry given and demanded more amount. He had incurred more than Rs.3 lacs as expenditure in the aforesaid marriage. There was also a plot in the name of his daughter Pooja. It is further stated that in-laws of his daughter Pooja used to pressurize him and his relatives to sell the aforesaid plot and purchase a plot in Khurja for them. It is also stated that before two days of the occurrence, he and his wife went to the matrimonial home of Pooja, where she told them that pressure was being mounted on her for selling the plot, and, she was being threatened for her life. Informant has further stated that he had refused to sell the plot, hence, due to this reason, husband of his daughter Raj Kumar, mother-in-law, sister-in-law Geeta, husband of Geeta, Tej Pal and younger brother of husband Ram Pratap had murdered his daughter Pooja by burning her. On receiving a phone call, he and his wife went to the matrimonial home of Pooja, where they found her burnt body and they came to know that Raj Kumar had also committed similar act with his first wife by burning her.

4. On the basis of the aforesaid written report, a Case Crime No.301 of 2007 was registered at Police Station-Pahasu, under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act. Investigation was taken up by the investigating officer, who visited the spot and recovered kerosene oil can, match box and plastic rope from the spot and half burnt leaves of guava tree of which recovery memos were prepared separately. Inquest report was prepared and the post mortem of deceased Pooja was conducted by the panel of two doctors and post mortem report was prepared. During the course of investigation, I.O. recorded the statements of witnesses and site plan was prepared. After completion of investigation, I.O. submitted charge sheet against Raj Kumar and Dharmwati under Section 498A, 304B, 201 and 120B IPC and under Section 3/4 Dowry Prohibition Act. Second charge sheet was submitted to the court against the accused Smt. Geeta, Tej Pal and Ram Pratap