MULAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an unfortunate case in which a young bride named Krishan Kumari lost her life on the altar of dowry demands on the morning of 12 th April, 1977 in the household of present appellants who were charged with the offence of murder under Section 302 read with Section 34 of the Indian Penal Code (in brief 'IPC'). The trail Court acquitted them. The respondent State's appeal against acquittal was allowed by the High Court and the appellants were convicted under Section 302 read with Section 34 of the I.P.C. and were sentenced to undergo imprisonment for life. Appellant Nos. 1 and 2 were further sentenced to pay a fine of Rs. 3,000/- each and in default, to suffer further rigorous imprisonment for two year each. Fine, if realised was ordered to be paid to Wasanda Ram Taneja, P.W. 23, father of the deceased-Krishna Kumari and that is how the appellant-accused are before us in the statutory appeal invoking Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(2.) As the acquittal of the appellants is reversed by the High Court in appeal and they have been sentenced to imprisonment for the life we have carefully gone through the entire evidence on record, both oral and documentary, with the assistance of learned counsel appearing for both the sides with a view to finding out whether deceased-Krishna Kumari died a homicidal death or had indulged in self-effacement by committing suicide and whether appellants or any one of them had been guilty of murdering her. Prosecution Case

(3.) It will be apposite to note at the outset the salient features of the prosecution case laid against the four appellants who will be referred to as accused Nos. 1 to 4, for the sake of convenience, in the latter part of this judgment. Accused No. 1 was the father-in-law of deceased-Krishna Kumari. Accused No.2 was her husband. Accused No. 3 is the younger sister of accused No. 2 while accused No. 4 is the sister-in-law of accused No. 1. It is not in dispute that all the accused were living together in the same house situated at Urban Estate, Gurgaon in the State of Haryana. The prosecution story as emerging from the record is that marriage of Krishna Kumari deceased with accused No. 2 was settled by her father Wasanda Ram Taneja P.W.23. The 'Shaggan" ceremony was performed two days before the date of marriage. Gopal Dass, P.W. 13 and Joginder Singh P.W. 18 had also accompanied Wasanda Ram on that occasion. When they reached the house of the accused all four accused were present there. As soon as the articles of 'Shaggan' were placed before them they asked as to what had been brought in the 'Shaggan'. They remarked that no refrigerator, television, tape recorder etc. had been brought. Wasanda Ram , P.W.23 got puzzled and requested the accused with folded hands that he would supply these articles slowly and slowly. All these persons retuned after the Shaggan ceremony. Krishna Kumari deceased then was married to Hira Lal accused No. 2 on 10 th February, 1977. Wasanda Ram gave seven Tolas gold and other necessary articles worth Rs. 25,000/- He, however, could not provide refrigerator and television.