KARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Karambir, Krishan and Dhanpati the appellants/accused (herein referred as the 'accused') were prosecuted for the offences under Section 498-A, 304-B and 201 of the Indian Penal Code for torturing and harassing Kanta Devi (deceased) for non satisfaction of their demands of dowry and causing dowry death. On trial, all the accused were convicted for all the aforesaid offences, except, Dhanpati who was acquitted under Section 201 of the IPC. Krishan and Karambir were sentenced to undergo rigorous imprisonment for 3 years each under Section 201 of the IPC and all accused were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 250/- each under Section 304-B IPC. All the accused were also sentenced to undergo rigorous imprisonment for three years under Section 498-A IPC.

(2.) The brief facts, as culled out from the record are that Ran Singh had two daughters namely Kanta and Raj Bala. He married them to Karambir and Sanjay sons of Krishan accused. Immediately, after marriage both the daughters were despatched to the house of the accused, but after their return only Kanta was sent to their house being major, whereas, Raj Bala was not sent being minor and she was to be sent later on after her Muklawa Ceremony. After marriage the accused started demanding scooter and fridge from the deceased. Ran Singh in his statement dated 3.05.1994 Ex:PB, before ASI Chand Mohammad stated that whenever Kanta visited them disclosed to her mother that all the three accused were demanding scooter and fridge in dowry. However, Kanta was made to understand and was sent back. After 1 1/2 years of marriage Kanta was blessed with a son, thereupon, Satish son of the complainant had gone with the gifts to their house, at that time also, the accused had placed the demand of scooter and fridge and threatened that if they had not met the demand as committed by them, they will not rehabilitate their daughter. One and a half month prior to the death, Kanta came to him and told that the accused were demanding Rs. 10,000/- and she also complained that she was beaten many times on that account. At this, the complainant by paying her Rs. 5,000/- persuaded her, and sent her back. After 4-5 days, he along with Raj Singh Sarpanch and Hari Singh Panch went to the house of the accused and persuaded them not to harass her, however, they continued pressing upon their demand of fridge and scooter. On 3.05.1994, he sent Satish to enquire about the well being of Kanta at her in-laws house. On return Satish informed that Karambir disclosed to him that Kanta had expired due to abdominal pain and they had already cremated her yesterday i.e. 2.05.1994. At this, he along with Raj Singh and Hari Singh went to the village Gangdawa to enquire about the death of his daughter, whereupon, they came to know that KantA had committed suicide by hanging herself.

(3.) On the aforesaid statement made by Ran Singh before ASI Chand Mohammad on 3.05.1994, FIR No. 124 Ex:PB/2 was registered under Sections 304-B, 201 IPC against the accused.