YOGESH KUMAR Vs. STATE

JUDGEMENT

(1.) On 19.4.2006, Police Control Room was informed that a girl had hanged herself in House No.56, Gali No.10, Sitapuri. The information, when conveyed to Police Station Dabri, was recorded there vide DD No.28A, a copy of which was given to ASI Surender Singh of the said Police Station for investigation. When the police officer reached the aforesaid spot, he found a young girl hanging with a ceiling fan, using her chunni for the purpose. The concerned SDM was called to the spot and he recorded the statement of Ramesh Kumar, who is the father of the deceased and Rajesh Kumar, who is her paternal uncle. Ramesh Kumar told the SDM that his daughter Mamta was married to Yogesh Kumar (appellant before this Court) on 23.4.2004 and there was no demand of dowry in the marriage. When the SDM asked him as to whether his daughter had been subjected to cruelty or any kind of harassment in the house of her in-laws, he alleged that Sheela Devi, mother-in-law of his daughter, Yogita, her married sister-in-law, his son-in-law Yogesh and Vijender Singh, father of Yogesh had started demanding motorcycle and Rs.50,000/- in cash in dowry from him just one week after the marriage and they used to taunt and beat his daughter, besides quarrelling with her and harassing her. He claimed that he gave Rs.5,000/- to his son-in-law, one week after marriage, followed by Rs.20,000/- to his son-in-law and his sister after about two (2) months, when they demanded dowry from him. He also claimed that on 12.4.2006, he had given Rs.30,000/- in cash as well as gold chain and jhumki weighing 15 grams to the parents-in-law of his daughter so that she is not maltreated and is given due respect. However, he did not fulfill their demand for motorcycle, which had resulted in dispute between them. He further alleged that after a child was born to his daughter on 29.3.2005, she lived with him for about five (5) months and was not willing to go to her matrimonial home due to harassment by in-laws over demand of dowry and apprehending maltreatment in the said house, but on account of the intervention of respected members of the society, he had sent her back to the matrimonial home on 1.9.2005, hoping that better sense would prevail with her in-laws and they would improve their behaviour. He also alleged that his daughter Mamta had complained to him with respect to maltreatment by her in-laws, through letters sent by her.

(2.) The paternal uncle of the deceased told the SDM that since marriage, the in-laws of Mamta used to quarrel with her, besides demanding dowry and harassing her. He also claimed that Mamta used to weep whenever she visited him. He also alleged that though he had tried to meet the in-laws to make them see reason, there was no improvement in their behaviour and they used to harass Mamta and subject her to cruelty, by beating her on account of demand of dowry. The appellants Yogesh Kumar, Vijender, Sheela Devi and Yogita, who are the husband, father-in-law, mother-in-law and sister-in-law of the deceased were charge-sheeted under Sections 498A and 304B of IPC. Since all of them pleaded not guilty to the charge, as many as fifteen (15) witnesses were examined by the prosecution. Two witnesses were examined in defence.

(3.) Vide impugned order and judgement all the four appellants were convicted under Sections 498A and 304B of IPC read with Section 34 thereof. They were sentenced to undergo RI for ten (10) years each under Section 304B of IPC and RI for three (3) years each and to pay fine of Rs.5,000/- each or to undergo SI for six (6) months each under Section 498A thereof. Being aggrieved from their conviction and the sentence awarded to them, the appellants are before this Court by way of this appeal.