IMPORTANT POINT
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.

JUDGMENT :

Siddharth, J.

1. Heard Shri Rajrshi Gupta, learned counsel for the appellants; Ms. Divya Ojha, learned A.G.A.-I for the State; Shri Sudhir Mehrotra, learned Special Counsel for the High Court and perused the material on record.

2. This criminal appeal against the judgment and order dated 14.09.2010 passed by learned Sessions Judge, Aligarh in S.T. No. 931 of 2006 (State vs. Virendra Singh and 4 others) connected with S.T. No. 949 of 2007 (State vs. Vishambhar) whereby the appellants were acquitted for offence under Sections-498-A, 304-B, 201 IPC and Section 3/4 of D.P. Act. However, the appellants have been convicted for offence under Section 506(I) IPC and awarded two years rigorous imprisonment and fine of Rs.10,000/- and in default of payment of fine to undergo two months additional simple imprisonment.

3. The prosecution case, in short, is that the informant, Panna Singh, married his daughter, Kumari Bhumika, with the appellant no. 3, Manoj on 22.06.2024. Rs. 5 lakhs in cash and other goods were given in dowry to the accused-appellants but the accused persons used to demand one Maruti car more in dowry and used to torture his daughter. Whenever his daughter used to come to her parental home, she used to complain that the appellants are demanding a Maruti car and in case the same is not given to them she would be killed. During his posting at Rajkot from November, 2005 to February, 2006 her husband and appellant no. 3, Manoj Kumar, took her along with him and tortured her as a result of which she suffered pain in her legs but he did not got her treated. She informed her brother, Sanjay Singh, about the pain in her legs and her brother went to Rajkot to get her treated in the hospital. The informant, his son and two relatives went to Rajkot where they discovered that on account of beating, the disk of the waist of his daughter has got displaced and operation has become necessary. The appellants stated that only after their demand of car is fulfilled they will get the operation of their daughter conducted. On 21.05.2006 at about 1:30 p.m in the night her elder brother-in-law, Vishambhar Singh (Jeth), who was residing at Kwarsi in Aligarh, informed on phone that daughter of informant has fallen from the roof of his house and died. He is taking her dead body to village- Khempur. The informant and others went to Khempur and found that there were no signs of falling of his daughter from the roof on her body. Blue signs were found on her neck, head was fractured by causing of injuries by log or some sharp edged weapon and there were signs of injuries all over her body. When the appellants were going to cremate the dead body of his daughter, informant tried to inform the police which was opposed by the appellants and they started throwing bricks and stones on them. They threatened them to leave their place failing which they would also be done to death. He informed the police on phone and then police reached and after taking possession of dead body of his daughter, saved the informant and his relatives.

4. Complaint in this regard was made at the police station- Gabhana, District- Aligarh on 22.05.2006 at 11:00 a.m and it was registered as First Informant Report No. 17, under Sections- 498-A, 304-B and 506 IPC and Section 3/4 of Dowry Prohibition Act. Thereafter on 22.06.2005 at 12:00 p.m the inquest proceedings were started which ended at 13:10 p.m. After inquest dead body of deceased was sent for post-mortem at 13:15 hours.

5. After submission of charge sheet charges were framed against the appellants under Sections- 498-A, 304-B, 201 and 506 IPC and Section 3/4 of D.P. Act on 14.03.2007. The appellants denied the charges and sought trial.

6. To prove the prosecution case, 8 witnesses were produced before trial court and examined. P.W.-1, Panna Singh, in his examination-in-chief, reiterated the contents of FIR. He further stated that on 31.05.2006 at about 10:30 p.m some policeman informed that his daughter has died. Thereaft