9911796707
TMI Blog1994 (10) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... tage on 16.9.91 As against the same Review Petition (Crl.) No. 452/92 was filed. This Court issued notice and the Review Petition was listed for hearing on 18.3.94 but by mistake it was dismissed without hearing either party. Therefore Cr. M.P. No. 1753/94 has been filed to recall the order dismissing the Review Petition. Accordingly the order dated 8.3.94 dismissing the Review Petition is recalled and it is taken on file. After hearing the respective counsel we allowed the Review Petition and restored the S.L.P. 3. The appellant Hem Chand married the deceased Saroj Bala on 24.5.1982. She stayed for two months in the matrimonial home and returned to her parents' house and told them that the accused was wanting more dowry in the form of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... around the neck and on dissection of the ligature mark he found that ecchymosed were present, trachea was congested and was containing bloody froth. He also found a contusion over the chin. The Doctor also found several other contusions on the hands, axilla and other parts of the body. He opined that the death was due to strangulation. After completion of the investigation, the charge-sheet was laid. 4. The plea of the accused was one of denial and he stated that when he returned from his office in the evening and entered the room, he found the deceased hanging from the hook in the ceiling. He got confused and with the help of the people he took the dead body to his native Village Lakhan Majara and that he also informed the police. 5. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life." The point for consideration is whether the extreme punishment of imprisonment for life is warranted in the instant case. A reading of Section 304B I.P.C. would show that when a question arises whether a person has committed the offence of dowry death of a woman that all that is necessary is it should be shown that soon before her unnatural death, which took place within seven years of the marriage, the deceased had been subjected, by such person, to cruelty or harassment for or in connection with demand for dowry. If that is shown then the court shall presume that such a person has caused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deceased. Dr. Usha Rani, P.W. 6 and Dr. Indu Lalit, P.W. 7 gave one opinion. According to them no injury was found on the dead body and that the same was highly decomposed. On the other hand, Dr. Dalbir Singh, P.W. 13 who also examined the dead body and gave his opinion, deposed that he noticed some injuries at the time of re-post mortem examination. Therefore at the most it can be said that the prosecution proved that it was an unnatural death in which case also Section 304B I.P.C. would be attracted. But this aspect has certainly to be taken into consideration in balancing the sentence to be awarded to the accused. As a matter of fact, the trial court only found that the death was unnatural and the aspect of cruelty has been established ..... X X X X Extracts X X X X X X X X Extracts X X X X
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