HARMESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed against the judgment/order of conviction and sentence dated 18.5.1999 passed by the then Additional Sessions Judge, Faridkot vide which all the three accused/appellants, namely, Harmesh, Lallu and Bachho were convicted for offence punishable under Section 304-B read with Section of 34 of the Indian Penal Code and thereby sentenced to undergo rigorous imprisonment for a period of 7 years each.

(2.) Briefly stated the facts of the case are that on 14.6.1997, HC Piara Lal posted as Police Post Incharge, G.R.P. Kotkapura, saw a dead body of a female floating in the water tank. He informed SHO Ravinder Kumar, PW7, about this incident, who partly prepared the inquest report, Exhibit PD, and also informed the father of the deceased through a person of inlaws' family of the deceased. The father of the deceased namely Sarban, PW-2, identified the dead body as that of his daughter namely Angoori Devi. SHO Ravinder Kumar, PW7, visited the spot and recorded the statement(s) of Sarban, father of the deceased, Exhibit PF, and other witnesses. He prepared the finally inquest report, Exhibit PF. As per the statement of Sarban, Exhibit PF, the deceased was married to Harmesh Lal, accused/appellant No. 1. The other appellants Lallu and Mrs. Bachho were father-in-law and mother-in-law of the deceased, respectively. It is further stated that Sarban, PW2, gave dowry in the marriage of his daughter Angoori Devi (since deceased) according to his capacity. From this wedlock, one son and one daughter were born. The accused/appellants asked the deceased to bring money from her parents to start some business. Sarban, PW2, fulfilled their demand according to his capacity. However, the accused were not still satisfied and they started maltreating her to bring more money and dowry. Due to this maltreatment, the deceased started living in her parental home. With the intervention of the respectables, the deceased came back to her matrimonial home on the undertaking given by the accused that they would not harass her in future to bring more money from her parents. Despite the above assurance, all the accused again started maltreating the deceased and demanded more money from her parents. Ten days prior to the occurrence, she (the deceased) again visited her parental home and told this fact to her father and relatives that the accused were demanding Rs. 10,000/-. Sarban, PW2, could not fulfill this demand. However, he insisted Angoori Devi, the deceased, to live in her in-laws house. She again went back to her matrimonial home after telling his father that if she is again maltreated or tortured by her in-laws then she will commit suicide by jumping into the well. Consequently, the deceased committed suicide due to the continuous cruelty and harassment by the accused persons for not fulfilling their demand of dowry.

(3.) On the basis of statement of Sarwan, PW-2, formal FIR No. 14 dated 17.3.1998, Exhibit PF/1, was registered under Section 304-B read with Section 34 of the Indian Penal Code against all the three accused. The accused were arrested on 20.3.1998.