SATYAWATI Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 30.05.2001 convicting the appellants, namely, Smt. Satywwati, Shyam Sunder, Kanhiya Lal, Subhash Chand and Smt. Malti finding them guilty under Sections 304B and 498A/34 Penal Code and order on sentence dated 31.05.2001 vide which the appellants were sentenced to undergo seven years rigorous imprisonment for the offence under Sec. 304B Penal Code and also to undergo one year rigorous imprisonment for the offence under Sec. 498A Penal Code with fine of Rs.1,000.00 each, in default of payment of fine they were ordered to further undergo simple imprisonment for one month, the present appeal has been preferred.

(2.) The factual matrix emerging from the record is that on 21.04.1997, on receipt of DD No.17A, SI Sanwar Mal along with Ct.Subash Chand reached at House No.Q-6/105, Mangol Puri where a dead body of deceased Mithlesh was found lying at a takhat. There were ligature marks on the front side and left hand side of the neck of the deceased. It was revealed that the deceased had committed suicide by hanging. One saree was produced by appellant Malti which was seized. On 204.1997, SDM got the post-mortem conducted on the dead body of the deceased. On 23.04.1997, statements of Jawahar Lal and Yogesh Kumar, father and brother of the deceased respectively were recorded. Thereafter, the SDM had ordered for registration of FIR.

(3.) In his statement, the complainant Jawahar Singh, father of the deceased had stated that Mithlesh was married with appellant Sham Sunder on 26.02.1995. In the marriage, he gave dowry articles though no dowry was settled. After 2/4 months of marriage, his daughter fell ill and came to his house. She told that her in-laws used to tell her that she had brought insufficient dowry and used to demand scooter or motorcycle. She also told that accused Rajinder Kumar Kohli was having illicit relations with her mother-in-law; he used to reside there; they used to take liquor; eat meat and appellant Sham Sunder also used to take liquor. After taking liquor, appellant Sham Sunder used to beat her and abuse her and say that motorcycle was not given in the dowry. He used to tell the deceased to bring scooter or cash in lieu thereof. Deceased came to the house of the complainant; started weeping and asked him to pay the cash or scooter else her husband, mother-in-law and Rajinder Kumar Kohli would beat her. The complainant paid Rs.15,000.00 to his daughter. After two months, his daughter called him again and stated that her husband and mother-in-law used to harass her for dowry and demanded cash. In July 1996, his daughter was pregnant but she was beaten up for demand of dowry which led to a miscarriage. The deceased used to send letters to the complainant demanding money; complaining against her mother-in-law, husband, Malti and Kanhiya Lal that they used to give beatings to her. Thereafter, accused persons and others came to the house of the complainant and took the deceased. In the said panchayat, they promised not to demand dowry and not to beat the deceased. Thereafter also, the complainant received letters from the deceased that she was being harassed on account of dowry and the complainant had paid Rs.30,000.00 in instalments. In Feb. 1997, appellant Sham Sunder came to his house and demanded Rs.40,000.00 for running a factory and after mortgaging his agricultural land, the complainant gave Rs.20,000.00 to him. On 21.04.1997, the complainant received a call that his daughter Mithlesh had expired.