SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Appellant, alongwith his father Puran Chand and mother Smt. Tulsi, was tried for offences under Sections 304-B and 498A IPC. Vide impugned judgment dated 12.8.2002, Additional Sessions Judge, Hisar, acquitted Puran Chand and Smt. Tulsi of the charges against them. However, the Appellant was convicted for the offences under Sections 304-B and 498A IPC and vide order of sentence dated 14.8.2002 directed him to undergo rigorous imprisonment for ten years under Section 304-B IPC and rigorous imprisonment for two years and to pay a fine of Rs. 500/-and in default of payment of fine, to undergo further rigorous imprisonment for six months under Section 498A IPC. The substantive sentences awarded to the Appellant were ordered to run concurrently.

(2.) According to the prosecution, the Appellant was married to Smt. Sunita, since deceased, about three years earlier to the incident. Whenever, Sunita used to visit her house after the marriage, she would inform her father that the Appellant and his parents had been harassing her by saying that she had brought less dowry in the marriage. They had been compelling her to bring more dowry from her parents' house. About one and a half years earlier, the accused had sent the deceased to her parental house after threatening her to bring more dowry or face its consequences. When Sunita apprised her father, the latter made an application to Superintendent of Police, Sirsa. The said application was, thereafter, sent to Superintendent of Police, Hisar. The Appellant, his father Puran Chand and others were summoned. In the Panchayat so held, the matter was amicably resolved. Despite the decision that nothing of that sort would happen in future, the accused kept on harassing Sunita. On 11.5.2001 at about 7.00 p.m., Lal Chand, father of Sunita, was informed by Virender Kumar, son-in-law of Puran Chand, that he was being summoned to Hisar. Accordingly, Lal Chand alongwith his family members went to the house of the accused and saw the dead body of his daughter lying on the floor of the house of the accused. She was bleeding from the mouth and nose. Froth was also coming from her mouth. Suspecting that the Appellant and his parents had murdered his daughter Sunita by administering her something, Lal Chand made a statement before the police on the basis of which, FIR No. 210 dated 12.5.2001 was registered at Police Station City, Hisar against the Appellant and his parents.

(3.) During investigation of the case, the police went to the spot and got the dead body photographed. Inquest report was prepared and so also the rough site plan. The dead body was then sent to the hospital for post mortem examination. The Appellant and his parents were arrested. Upon completion of investigation and presentation of challan, followed by commitment of the case, all the three accused were charged for the aforementioned offences to which they pleaded not guilty and claimed trial.