MAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant-Makhan Singh has approached this Court being aggrieved by the judgment dtd. 15/5/2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.1189-SB of 2002 vide which the High Court, though reduced the sentence awarded from 10 years to 7 years, but concurred with the judgment and order of conviction dated 13th/16/7/2002 recorded by the trial court in Sessions Case No. 55 of 1998 for the offence punishable under Sec. 304-B of the Indian Penal Code, 1860 (for short 'IPC').

(2.) Deceased Manjit Kaur was married to the appellantMakhan Singh on 28/1/1996. It is the prosecution case that the appellant used to demand dowry from the parents of the deceased Manjit Kaur. It is further the prosecution case that, succumbing to the demands of the appellant, an amount of Rs.30,000.00- was paid to him by the parents of the deceased Manjit Kaur. The appellant again demanded an amount of Rs.2.00 lakhs. According to the prosecution, the appellant had utilized the said amount for going to Moscow. However, after coming back from Moscow in March 1998, he again tortured deceased Manjit Kaur and asked her to bring Rs.6.00 lakhs as he wanted to go to USA. According to the prosecution, deceased Manjit Kaur, fed up with the torture, consumed poisonous substance on 21/4/1998. Deceased Manjit Kaur was taken by the appellant initially to the Community Health Centre, Ladwa and thereafter, she was referred to L.N.J.P. Hospital, Kurukshetra. From L.N.J.P. Hospital, deceased Manjit Kaur was taken to a private Nursing Home of Dr. H.K. Sobti (PW-1) at Kurukshetra, wherein she was admitted.

(3.) Ms. Vani Gopal Sharma, Judicial Magistrate, First Class, Kurukshetra (DW-1) recorded the dying declaration of the deceased Manjit Kaur (Ex. DO/C), wherein the deceased stated that she was suffering from fever and since many medicines were lying on the Angithi, by mistake, she took medicine of green colour. It appears that thereafter, Kamlesh Kaur (PW-11) and Bhan Singh (P)W-13), parents of deceased Manjit Kaur reached the hospital on the next morning. On 24/4/1998, they made a request for recording the statement of deceased Manjit Kaur under Sec. 164 of the Cr.P.C. On such a request being made, Ms. Kanchan Nariala, Judical Magistrate, First Class, Kurukshetra (PW-6) recorded the statement of deceased Manjit Kaur (Ex. PE) on 24/4/1998, wherein she stated that her husband had demanded Rs.6.00 lakhs to go to USA. According to the said dying declaration (Ex. PE), the appellant as well as his parents administered the said poisonous substance to deceased Manjit Kaur. On the basis of the second dying declaration (Ex. PE), an FIR was registered on 25/4/1998. After the said dying declaration (Ex. PE) was recorded, Sub-Inspector Gurdwaya Ram (PW-14), Investigating Officer (for short 'IO') recorded her oral statement (Ex. PV) on 28/4/1998. On 28/4/1998, deceased Manjit Kaur was referred to PGIMS, Chandigarh, where she expired on 9/5/1998.