BHUPENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed agaist judgment of conviction dated 30.4.2001 and order of sentence dated 3.5.2001 passed by the learned Sessions Judge, Bhiwani thereby convicting the appellant for the commission of offence order Section 304-B/498-A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period often years under Section 304-B of the Indian Penal Code and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months and also to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- under Section 498-A of the Indian Penal Code, and in default thereof to under go further rigorous imprisonment for three months. Both the sen tences were ordered to run concurrently.

(2.) In nut-shell, the case of the prosecution is that deceased Smt. Sunita, daughter of Manphool Singh son of Ramji Lal, resident of village Sandwa, P.S. Tosham, the complainant, was married to accused Bhupender in the month of June, 1996. He had given sufficient dowry and had incurred expenses beyond his capacity in the marriage. After staying for 5-7 days at the matrimonial home, deceased Sunita returned to her parental home. She told her parents that her husband Bhupender and Smt. Kamlesh (brother's wife of Bhupender) were not satisfied with the dowry and raised the demand of a motor-cycle. 20 days prior to the date of occurrence of this case, when accused Bhupender had taken Smt. Sunita to the matrimonial home, at that time, the complainant had made him (Bhupender) understand and also assured to give more money as per their capacity.

(3.) It was on 15.10.1996, at about 8.00 a.m., Mahipal, uncle of accused Bhupender, came to the house of complainant Manphool Singh and told that Sunita and Bhupender were admitted in the hospital at Bhiwani and that Sunita had died. At this, the complainant, along with his brother Ranbir and other co-villagers, reached General Hospital, Bhi-wani and saw the dead body of his daughter Sunita, which was having contusions on her right eye and neck. The complainant had suspicion that his daughter. Sunita deceased had been killed by accused Bhupender and Smt. Kamlesh after administering her some poisonous substance. On receipt of ruqa regarding the death of deceased Sunita and MLR of accused-Appellant Bhupender on 15.10.1996, SI Ram Bilas, along with constables, reached General Hospital, Bhiwani and recorded the statement of complainant Manphool, and on its basis, a case was registered under Section 304-B/34 of the Indian Penal Code. He also prepared the inquest report, Exhibit PL/2, on the dead body of the deceased and sent the same for post- mortem examination and recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure. After completion of investigation, report under Section 173 of the Code of Criminal Procedure was prepared.