RAJEEV Vs. RAM KISHAN JAISWAL

JUDGEMENT

(1.) The facts leading to this application for revision may briefly be stated as follows : Ram Kishan Jaiswal, opposite party No. 1, is resident of Chanakyapuri, Meerut Cantt. Ram Kishan Jaiswal's daughter, Kumari Seema, (aged about 19 yearn) was engaged to applicant No. 1, Rajeev Jaiswal, on 20-11-89 through a common relative Pradeep. A sum of rupees 12 thousand was spent in the engagement ceremony. The Sagai ceremony was performed on 24-11-1989 and a sum of rupees 1 lakh 50 thousand was spent on that occasion. Prior to the Sagai ceremony it was agreed between Ram Kishan Jaiswal and Mool Chand Jaiswal (father of Rajeev Jaiswal) that a sum of rupees 1 lakh would be paid by Ram Kishan Jaiswal for the purchase of Maruti Van. This sum of rupees 1 lakh was in fact paid by Ram Kishan Jaiswal, the Maruti Van was purchased and was shown at the Sagai ceremony.

(2.) The marriage of Seema and Rajeev was performed on 30-11-1989. Ever since the marriage, the in-laws of Seema started harassing her for the insufficiency of dowry. On 14-4-1990 Mool Chand Jaiswal demanded a sum of rupees 2 lakhs from Ram Kishan Jaiswal. Ram Kishan Jaiswal requested that he would try to arrange for the money. On 15-4-1990, Rajeev, Seema and Sanjeev came to Meerut and the two brothers i.e. Rajeev and Sanjeev gave out that they would leave Seema unless the sum of rupees 2 lakhs was paid. On 8-5-1990 Seema rang from Delhi and informed her father that she was being maltreated for not bringing the full amount of rupees 2 lakhs as only a sum of rupees 50 thousand and was paid to Rajeev and Sanjeev on 5-5-1990. On 13-S-1990 Seema again rang and informed that her in-laws wanted rupees 1 lakh 50 thousand on that very day.

(3.) At about 9 P M. on the same day Ram Kishan Jaiswal received a phone from Pradeep intimating that Seema wan in a precarious condition and he was to reach Delhi. Ram Kishan Jaiswal alongwith his wife, Krishna Devi, immediately left for Delhi and on reaching Fatehpuri they found that Seema was lying dead in the house of her father-in-law. The case of the applicants-revisionists is that Seema died on 13-5-90 as a result of asphyxia caused by hanging at the residence of the husband at Lahori Gate, Delhi. The police, accompanied by the Sub-Divisional Magistrate, Kotwali. Delhi, came there and the inquest proceedings were conducted by the S.D.M. in the presence of the parents of the deceased. At that time both the parents of the deceased-Seema told the S.D.M. that the deceased had committed suicide and they had no grievance whatsoever, against any of the revisionists and that no demand of dowry was ever made by Seema's in-laws. Certain articles of Seema were taken in custody by the police. After the post-mortem examination of the dead body, the same was handed over to the applicants and the cremation was done in the presence of the parents and other relatives of the deceased.