HEM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) S.L.P. (Crl.) No. 2846/91 was filed by the sole accused in th case against the Judgment of High Court of Punjab and Harayana confirming the conviction of the appellant under Sections 304-B and 498-A, I.P.C. and the sentence of imprisonment for life and two years respectively awarded thereunder by the trial Court. The S.L.P. was dismissed by the Court at the notice stage 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 of 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 a television and a fridge. Her father gave Rs . 6000/- and sent her back to her matrimonial home. The accused again demanded another sum of Rs. 25,000/- for purchasing a plot. On 13-11-1984 the accused took his wife and left her in her parents' house thereby making them understand that the deceased could get back to the matrimonial home at Hissar with Rs. 25,000/- and not otherwise. The appelant after undergoing one year's course in connection with his service took his wife back. On 20-5-1987 the deceased, however, went to her father and told him that her husband was wanting Rs. 25,000/- She came to her husband with Rs. 15,000/- with a promise that the balance would be remitted by her father soon. On 16-6-1987 at about 11.15 A. M. the deceased died of strangulation that is to say that she died otherwise than in normal circumstances within seven years of her marraige. The father, after coming to know that dead body of the deceased had been brought to Village Lakhan Majra, reached there. Thereafter he loged a complaint with the police that his daughter was murdered by the accused because of dowry. The police registered the crime, held the inquest over the dead body and sent the same for post-mortem. As the dead body was highly decomposed, the Doctors reffered the same to the Head of the Department of Forensic Medicine, Medical College, Rohtak. Dr. Dalbir Singh, Demonstrator Department of Foresnic Medicine explained the body and found a ligature mark around the neck and on dissection of the ligature mark he found that ecchymosis 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 charge-sheet was laid.