9911796707
TMI Blog2006 (11) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... . One of the brothers-in-law of the deceased namely Balwant Rai is a resident of village Ghunder which is at a distance of about 5 kms. from village Gobindpura. The case of the prosecution is that 15 days after her marriage when the deceased came to village Khadayal she complained to her family members that her husband - the Appellant herein, as also her in laws namely Sanjiv Kumar and Maya Devi (since acquitted) and Mrs. Nirmala Devi, sister of the Appellant (not sent up for trial) maltreated her on the ground that she had not brought sufficient dowry. They were pressing her to bring more dowry. The deceased was sent back to her matrimonial home but when she came again after a month, she again complained that the Appellant and his sister had been maltreating her and beating her off and on. She was again persuaded to go back to her matrimonial home. She again came to her father's village a month later and this time she was not sent back to her matrimonial home. Later, the Appellant assured that the deceased would not be maltreated and therefore, it was agreed that the deceased shall accompany her husband to her matrimonial home. About twenty days prior to her death, the decease ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with his parents was put up for trial. 5. The Trial Court acquitted the parents of the Appellant but found the Appellant guilty of the offence under Section 304B and 498A Indian Penal Code. The defence case is that there was no demand for dowry nor was the deceased ever harassed or maltreated by the Appellant or his family members. In his statement under Section 313 of the Code of Criminal Procedure (Cr.P.C.), the Appellant took up a categoric defence and stated that the deceased had illicit relations with her brother in law Balwant Rai of village Ghunder. On coming to know of it, the Appellant had objected to her visiting the house of Balwant Rai. It had come to his notice that his wife as also his father in law and sister in law had been going to village Ghunder to the house of Balwant Rai and they used to stay there for sometime. He stated that a panchayat was convened and this matter was discussed in the panchayat. On two occasions panchayat was taken to village Khadayal. The members of the panchayat were Mohinder Singh, Sarpanch (DW-2), Jit Singh, Roop Singh etc. They asked the parents of the deceased not to permit the deceased to visit the house of Balwant Rai. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to by the Appellant and his family members and that panchayat was held and the members of the panchayat came to village Khadayal and informed the father and other family members of the deceased regarding the illicit relationship with a request that the deceased should be prevented from going to the house of Balwant Rai. He has denied this suggestion. He has further denied the suggestion that on 23rd August, 1991 when the Appellant along with his wife (the deceased) was going to village Gobindpura, the deceased insisted on going to village Ghunder to the house of Balwant Rai and in fact did so even despite the opposition of the Appellant and that this incident gave rise to a quarrel next morning. The Appellant had consumed poison in this factual background. 7. The evidence of Wailaiti Ram (PW-5), father of the deceased is to the same effect and the defence has put the same suggestions to this witness as well, which he has denied. 8. The defence examined DW-2 Mohinder Singh, Sarpanch in support of his case. Mohinder Singh resides in his house in the neighbourhood. He has deposed that the Appellant was married to the deceased in village Khadayal. The marriage was a simple mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death. The presumption that arises in such cases may be rebutted by the accused. If the accused successfully rebuts the presumption by pleading and proving a probable defence, the presumption under Section 313B stands rebutted and the prosecution must prove its case without the aid of such presumption. It must logically follow that in a case where such presumption arises, the evidence oral, circumstantial or documentary adduced in defence must be examined by the Court with a view to find whether the presumption stands rebutted. It is essentially a matter of appreciation of evidence. 10. In the instant case, there is no doubt that there is evidence to suggest that the deceased was subjected to harassment and cruelty by the Appellant and his family members in connection with demand of dowry. The evidence of PWs. 4, 5 and 6 do support the case of the prosecution in this regard. It is, however, contended on behalf of the Appellant that though these witnesses have made such allegations, the allegations are not true. In the first instance, it was submitted that the family of the Appellant is relatively more prosperous than the family of the deceased. There is no allegation that any d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce set up by the Appellant is probable and true. 13. We have earlier noticed the evidence on record which suggests that the Appellant suspected the deceased of having an illicit relationship with her brother in law Balwant Rai. The matter did not remain in the realm of suspicion, because the father of the Appellant twice convened panchayats where this grievance was raised and considered by the members of the panchayat who advised the deceased not to visit the house of Balwant Rai. On one occasion the panchayat members went to the village Khadayal and met the family members of the deceased and secured an assurance from the father of the deceased PW-5 that she will be advised not to visit Balwant Rai, her brother in law. The Appellant in his statement recorded under Section 313 Code of Criminal Procedure. stated that while returning to his village on 23rd August, 1991 the deceased insisted on going to village Ghunder which he opposed, but despite his opposition she went to the village of Balwant Rai and stayed for the night at village Ghunder. When she returned next morning to village Gobindpura the Appellant protested against her behaviour and that resulted in a quarrel between t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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