INDRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been instituted by Indraj, Balbir and Sarbati. They all are residents of village Surehti Kalan, Police Station Satnali, District Narnaul. They were named as accused in case FIR No. 181 dated 1.9.1995 registered at Police Station Satnali, under Sections 304-B and 498-A IPC. They were tried by the Court of Additional Sessions Judge, Narnaul, who acquitted their co-accused Dharambir alias Pappu.

(2.) The trial Court found the present appellants guilty of offences punishable under Sections 304-B and 498-A IPC. After recording their conviction for these offences, all the three appellants were sentenced to rigorous imprisonment for seven years under Section 304-B IPC and also fine of Rs.1,000/- each. In default of payment of fine, to undergo rigorous imprisonment for a period of one month each. However, no separate sentence under Section 498-A IPC was awarded. Jaiwanti daughter of Jile Singh, complainant, was married with Balbir on 23.5.1991. Appellant Indraj and Sarbati are parents of Balbir. Jaiwanti died on 1.9.1995 in the house of the present appellant. As per medical evidence, Jaiwanti died due to consumption of aluminium phosphide, a poison.

(3.) Criminal proceedings against the appellants were set into motion on the basis of statement Ex.PG made by Jile Singh to Laxmi Narain, Assistant Sub Inspector, on 1.9.1995 at 4.50 P.M., at bus stand of Surehti Jakhal. Contents of his statement can be noticed as under:- "Complainant stated that he is a resident of village Barela and do agricultural work. He has got one daughter named Jaiwanti, aged 20/21 years and one son Suresh, aged eight years. Jaiwanti was married to appellant Balbir son of Indraj, resident of Surehti Kalan, on 23.5.1991. The complainant had given dowry according to his capacity. After marriage when daughter of the complainant came to her parental house, she told that her in-laws and husband have stated that her father had not given anything in the marriage and in case she bring Rs.50,000/- then only she would be rehabilitated in the matrimonial home, otherwise she would be deserted and her husband would perform second marriage. Thereafter, for a period of three years, Jaiwanti remained in the house of her parents and the accused had not gone to bring her back.