BHAGWAN AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Shri Bhagwan (husband) and his younger unmarried brother Inder, have filed the instant appeal against the judgment of conviction and order of sentence dated 14.7.2001/16.7.2001 passed by Additional Sessions Judge, Panipat, whereby they have been convicted under Section 304-B IPC and sentenced to undergo life imprisonment for committing the death of Monika wife of Shri Bhagwan. The third accused, namely, Mohan (father's sister's son of Shri Bhagwan), who was tried along with the aforesaid two accused for the said offence, was acquitted from the charges. Against the judgment of acquittal, no appeal has been filed either by the State or by the complainant/victim.

(2.) In the present case, deceased Monika was married with accused Shri Bhagwan on 29.5.1996. After more than four months of the marriage, i.e., 4.10.1996, she died due to poisoning at her matrimonial home (Panipat). It is mentioned here that after consumption of poison when she was taken to the hospital by the accused in a serious condition, she was declared brought dead at 5.10 p.m. The doctor sent a ruqa to the police giving information regarding bringing of Monika in dead condition in the hospital. On receiving the ruqa, Inspector Samunder Singh (PW8) reached Civil Hospital, Panipat and recorded the statement of Madan Lal, father of the deceased.

(3.) In his statement (Ex.PJ), Madan Lal (PW2) stated that he performed the marriage of his daughter Monika with Shri Bhagwan on 29.5.1996 according to Hindu rites. She was 20 years of age at that time. He gave dowry in the marriage as per his capacity. But after one month of the marriage, his son-in-law Shri Bhagwan, his brother Inder and his father's sister's son Mohan started harassing his daughter on account of demand of dowry. His son-in-law did not do any work. His daughter Monika was studying in B. Com II Ird year in S.D. College, Panipat. After marriage, his daughter came to meet them at Samalkha two or three times during holidays for a short spell. His daughter told him that in her matrimonial home, her husband Shri Bhagwan, brother-in-law Inder and Mohan (son of father-in-law's sister), who often came to their house, used to harass her by taunting. About twenty days ago, his daughter Monika came to them at Samlkha. She told him and his wife Anguri Devi that her husband was demanding Rs. 50,000/-for doing some work. Upon that he came to Panipat along with his daughter and tried to make understand his son-in-law Shri Bhagwan, his brother Inder and Mohan. He told his son-in-law that if he wanted to run a shop then he could provide goods worth Rs. fifty/sixty thousands for the shop, but he could not give the amount in cash. On his saying this, Mohan, who was present there, misbehaved with him and told him whatsoever he (Mohan) would like, that shall happen in the house of Shri Bhagwan. If he could not give an amount of Rs. 50,000/-to Shri Bhagwan, then what he wanted to demand for Monika. He (complainant) said to him that he had married his daughter and it is upon them whether to keep Monika happy or harass her. On the day of the occurrence, he had gone to Gurgaon for his personal work. On return, he received a telephonic message from Panipat that his daughter Monika was ill and was admitted in the hospital. Immediately, he reached Civil Hospital, Panipat where his brother-in-law Wailaity Ram, his brother Hari Chand and other members of his family and relatives were present. There he came to know that his daughter Monika had died. He enquired from his relatives about the death of Monika. Then he came to know that his daughter Monika seems to have died due to consuming of some poisonous substance, or some other substance as she was harassed by her husband, brother-in-law Inder and father-in-law's sister's son Mohan for not bringing sufficient dowry. Action be taken against them.