SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this appeal judgment and order dated 01/11/2007 passed by the Punjab and Haryana High Court is under challenge.

(2.) The appellant is original accused no. 1. He was tried along with Hazura Singh original accused no. 2, Narata Singh original accused no. 3 and Kaushalya original accused no. 4 for offences punishable under Sections 498A and 304B of the IPC by the Additional Sessions Judge Yamuna Nagar in Sessions Case No. 60 of 1994. Appellant is the husband of deceased Anita ("the deceased" or "Anita"). Accused no. 2 is his father, accused no. 3 is his uncle and accused no. 4 is his mother.

(3.) The deceased was daughter of Ram Lal. Admittedly, she was married to the appellant on 24/04/1994. According to the prosecution, the accused were not satisfied with the quality and quantity of the dowry given at the time of marriage. They used to taunt and beat the deceased. At times, they used to keep her hungry. She had informed her brothers and father about this ill-treatment and harassment. Her brother Ashok Kumar and his brother-in-law Pawan Kumar went to the house of the accused and protested. At that time the accused told Ashok Kumar that if he had so much affection for his sister he should give Rs.60,000/- for the business of the appellant. Ashok Kumar expressed his helplessness to meet the demand. Ashok Kumar sent his younger brother Satish Kumar to bring the deceased home, but, the accused told him that he should take the deceased home after some days. On 22/07/1994 the uncle of the appellant i.e. accused no. 3 - Narata Singh went to the house of the parents of the deceased and told them that Anita-the deceased had committed suicide by burning herself. Ashok Kumar accompanied by his father, brother Satish Kumar and brother-in-law Pawan Kumar went to the house of the accused. The burnt dead body of Anita was found kept on a cot in the verandah. Ashok Kumar, then, went to P.S. Yamunanagar and lodged FIR Exhibit-PK. On completion of investigation the accused came to be charged as aforesaid.