Section 161 in The Code Of Criminal Procedure, 1973

161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer
not below such rank as the State Government may, by general or special order, prescribe
in this behalf, acting on the requisition of such officer, may examine orally any person
supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to
him by such officer, other than questions the answers to which would have a tendency to
expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course
of an examination under this section; and if he does so, he shall make a separate and
true record of the statement of each such person whose statement he records.

Note Section 161 will not be considered as an Evidence.

Section 34 in The Indian Penal Code

34. Acts done by several persons in furtherance of common intention.

When a criminal act is done by several persons in furtherance
of the common intention of all, each of such persons is liable
for that act in the same manner as if it were done by him alone.

Section 302 in The Indian Penal Code

302. Punishment for murder.Whoever commits murder shall be punished with death, or
1[imprisonment for life], and shall also be liable to fine.

Section 304B in The Indian Penal Code

304B. Dowry death.
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise
than under normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her husband or any
relative of her husband for, or in connection with, any demand for dowry, such death shall
be called dowry death, and such husband or relative shall be deemed to have caused her
death. Explanation.For the purpose of this sub-section, dowry shall have the same
meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits 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.

Section 120B in The Indian Penal Code

120B. Punishment of criminal conspiracy.
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,
2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards,
shall, where no express provision is made in this Code for the punishment of such a
conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit
an offence punishable as aforesaid shall be punished with imprisonment of either
description for a term not exceeding six months, or with fine or with both.

Question And Answer

1 Acc. To me above grounds are not as such sufficient to decide the guilty of accused but
they can be little sufficient against accused.

Grounds -
1- As the father of Gauri made a statement in FIR that she was happy during her father in
law lifetime but after his death suddenly she was asked for 20 lakhs rupees for
Electronic shop and Bike.
2- Gauri never came to Jodhpur ( her Fathers house ) after death of Bheem Singh as well
as she never sounds happy on the phone calls.
3- Gauri came to Jodhpur alone during her 7 month pregnancy, which could be special
ground against Accused that a lady should not travel alone during her pregnancy of 7 or
8 months, there must be 1 person present at the time of travelling from Isarda to
jodhpur.
4- Threaten to not to give birth to girl child, if she does so then she will not allow to enter
in In Laws house.
5- When she give birth to girl child no one was came and see her.
6- When she went back to Isarda, then it was difficult to talk to Gauri.
7- The main point is that if Gauri commit suicide at 7 AM then why Raghvendra had called
Charan singh after 14 hour, even other members of family may call him after that
situation. It is not possible that neighbor of Raghwendra is also in shock .
8- Female members saw the bruises on the body of the Gauri which proves that there may
be some violence had been done on Gauri.
9- One of the Main Evidence is that Gauris elder sister Mamta received a call from Gauri
at 7:45 AM from Raghwendra Mobile but when Gauri express that she want to say
something but suddenly call was disconnected within a minute. And as Raghwendra
said that she had commit suicide at 7 AM so how it can be possible, it is purely
explaining that Raghwendra and his family are lying.

10- As statement made by Raghwendras Family that when he came back from morning
walk and he saw his wifes dead body on the bed and he calls so many people but no one
call the Doctor or Ambulance for checking whether the gauri is alive or not or what
happen to Gauri.

11- They start performing the funeral function without informing the police.

12- As stated by Raghwendra that on 18 feb 2015 he had a fight with Gauri on shifting from
house and on decline of that she injured her self from wall but there is no report of this
in Post Mortem Report that from which thing that bruises take place.
13- As stated in both the statement that they were happy before the death of Bhim Singh
but after that the situation was not the remain same. It clearly says that after death of
Bhim Singh Financial condition of Raghwendra and his family becoming bad so they
start asking for such thing from Gauri. ( 20 Lakh rupees and Bike )

14- As nidhi said that Gauri threats them to lodge false FIR is Gauri really wants to do so
then she will do it instead of Suicide.

15- Acc. To Post Mortem Report Bruises marks were approximate 12 hrs. older than the
time of death but raghwendra said that the fight took place on 18 feb mean one and half
day before death of Gauri. Means Raghwendra or his family done something or beats
Gauri at night .

Cases - It was pointed out in Baldev Singh vs State Of Punjab, AIR 1991 SC 31 that the
statement recorded under Section 161 of the CrPC shall not be used for any purpose except to
contradict a witness in the manner prescribed in the proviso to Section 162 (1) and that the first
information report is not a substantial piece of evidence.

Under Section 161 of Code of Criminal Procedure, a police officer, making an investigation can
examine the person acquainted with the facts of the case and reduce the statement made by such
person into writing.

"35. There are three main ingredients of this offence: (a) that, there is a demand of dowry and
harassment by the accused on that count; (b) that, the deceased died; and (c) that, the death is
under unnatural circumstances within seven years of the marriage. When these factors were
proved by reliable and cogent evidence, then the presumption of dowry death under Section
113B of the Evidence Act clearly arose.

See Satvir Singh v. State of Punjab, The evidence which has been found acceptable by the courts
below against accused No. 1 is that the cruel treatment and harassment of the deceased by him
led her to commit suicide which was a death "otherwise than under normal circumstances". To
attract the provisions of Section 304B IPC, one of the main ingredients of the offence which is
required to be established is that "soon before her death" she was subjected to cruelty and
harassment 'in connection with the demand for dowry'