MANPHOOL SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of Criminal Appeal No.1515-SB of 2002 and Criminal Revision No.169 of 2003, both having been arisen out of the same judgment dated 29/31.08.2002, are disposed of together.

(2.) The appellant-accused Manphool Singh (father-in-law), Rajbir (husband), Surajmal (elder brother-in-law) and his wife Sunita were tried for the offences under Sections 304-B & 498-A IPC. On trial, Sunita was acquitted of all the charges whereas Rajbir, Manphool Singh and Surajmal were acquitted under Section 304-B, IPC. However, they were convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- each under Section 498-A, IPC. Factual matrix of the case is that Rajbir had married to Babli about two and half years prior to the occurrence. Rajpal being the uncle of Babli disclosed in his statement that at the time of marriage with Rajbir, Om Parkash (father of deceased) had given sufficient dowry beyond his financial status. Immediately after the marriage, they being dis-satisfied with the dowry, started harassing her. Just few days prior to the death, Om Parkash had given a buffalo to the accused worth Rs.10,500/- but thereafter they started demanding Rs.50,000/-. Babli was being harassed for not bringing that amount. On 22.12.2000, Surajmal (Jeth of the deceased) along with Babli came to their village at that time, Babli informed her uncle Om Parkash and Mahabir about the maltreatment given to her. However, the complainant assured that they would meet with the demand but they should not harass her.

(3.) On 27.12.2000, at about 3:00 PM, Rajbir sent a telephonic message to the village of the complainant, Narnaund informing them that Babli was in serious condition whereupon Rajpal, Om Parkash and Mahabir went to village Jewra (the matrimonial home of Babli) and saw her lying dead on a cot . They also witnessed some injuries on her neck and there was a piece of rope having four folds, which was lying cut there. Babli was pregnant at that time for the last seven months. They suspecting that Babli has been murdered or might have committed suicide having fed up with the accused on account of maltreatment and harassment given to her on account of dowry.