MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Appellants In This Case Were Found Guilty Of offence punishable under Sections 498A and 304B Indian Penal Code (for short, "IPC") by the Sessions Judge, Bhiwani. They were sentenced to undergo imprisonment for life for the offence under Section 304B IPC and also to undergo rigorous imprisonment for three years, besides, payment of fine of Rs.5,000/ each and in default of which to undergo further imprisonment for a period of six months for the offence under Section 498A IPC. Their appeal against the said judgment and conviction to the High Court of Punjab & Haryana at Chandigarh got dismissed except with a modification in the sentence of imprisonment from imprisonment for life to imprisonment for 10 years for the offence under Section 304B IPC.

(2.) The prosecution case, in brief, is that on 14.4.2005 on receipt of a telephonic message from the Incharge, Police Post, General Hospital, Bhiwani regarding admission of Meena Devi wife of Manoj Kumar (appellant no.1) resident of Village Hetampura in burnt condition, ASI Chattarmal (PW11) of P.S. Sadar,Bhiwani along with other police officials reached the said hospital and collected medical ruqa (memo) alongwith medicolegal report of injured Meena. After obtaining the opinion of the Doctor regarding fitness of the injured to make statement when he brought the Duty Magistrate to record her statement in the hospital, the Doctor had already referred her to PGIMS Rohtak. Thereafter, he alongwith Magistrate reached PGIMS, Rohtak and collected two medical ruqas from Incharge, Police Post, PGIMS Rohtak out of which one was regarding death of Meena. Then he reached in the gallery of emergency ward where complainant Vedpal (PW 9) met him and got recorded his statement (Ex.PA). It is alleged by the complainantVedpal (PW9) that he had one daughter and two sons. His daughter was married with Manoj (appellant no.1) son of Mahabir about five years earlier (the actual date of marriage found to be 6.05.2000) to the incident that had occurred on 14.04.2005. He further stated that in the marriage of his daughter, he had given dowry beyond his financial capacity. However, his daughter on her return from her matrimonial home for the first time told him that her inlaws were not satisfied with the dowry articles that were given in marriage. The complainant had given double bed, T.V., fridge, cooler, sofa set, almirah, 21 utensils and clothes etc., besides, Rs.2100/ in cash. When the daughter of the complainant (PW9) went to her matrimonial home for the second time, his soninlaw Manoj (appellant no.1), the motherinlaw of his daughter namely Chameli Devi (appellant no.2), the fatherinlaw namely Mahabir (since acquitted) and Jethani (husband's elder brother's wife) of his daughter namely Suman (appellant no.3) raised a demand for a motor cycle and started torturing her (beating) for this. Therefore, Meena Devi (deceased) started living with him (complainant). She stayed with her father (complainant) for fourteen months. About ten months earlier from the date of incident that occurred on 14.04.2005, the complainant (PW9) made his daughter understand and sent her back in the presence of panchayat of Hetampura and Sant Mann Singh s/o Chandu Ram r/o Hissar. However, even then the accused were demanding a motor cycle and kept troubling his daughter for dowry. On 14.04.2005, at about 8.00 a.m, Mahabir informed him on telephone from the Hospital at Bhiwani that Meena Devi (deceased) had been admitted in the Government Hospital, Bhiwani with burn injuries. On receiving this information, the complainant (PW9) and Dayanand s/o Jogi Ram and his brother Shamsher reached the Hospital at Bhiwani. There they came to know that Meena Devi (deceased) had been referred to PGIMS, Rohtak. Then they all reached PGIMS, Rohtak where he met his daughter in the emergency ward of PGIMS, Rohtak. His daughter told him that in the morning on that day, her motherinlaw namely Chameli Devi (appellant no.2) had called her in the room and her husband Manoj (appellant no.1) poured kerosene oil on her and her husband's elder brother's wife (Jethani) namely Suman (appellant no.3) lit a matchstick and set her on fire on account of which she got burnt. After sometime Meena Devi (deceased) while she was under treatment breathed her last. It it alleged by the complainant (PW9) that on account of greed of dowry, his daughter Meena Devi (deceased) had been set on fire by pouring kerosene oil on her by her husband Manoj (appellant no.1), motherinlaw Chameli Devi (appellant no.2) and husband's elder brother's wife (Jethani) Suman (appellant no.3) after colluding with each other. He further requested for action being taken against the accused.

(3.) On the basis of such complaint FIR No.103 dated 14.4.2005 under Sections 304B/498A/406/34 IPC was registered. Subsequently, on the basis of above allegations, all the four accused were charged under Section 304B in alternative under Sections 302, 498A and 406 r/w Section 34 of the IPC to which they pleaded not guilty and claimed trial.