KAILASH NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant Kailash Nath (herein referred as 'the accused') having been married twice could not succeed in his married life. He divorced his first wife and the second died of some ailment and this was the third wife, who committed suicide within two years of marriage, for which he had to face trial under Section 306 IPC. The trial court vide judgment dated 12.8.2004, convicted him under Section 306 IPC and sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 1000/-.

(2.) Brief resume of facts is that complainant Shakuntla Devi (herein referred as 'the complainant') wife of late Gian Chand resident of Jalandhar Cantt. had married her daughter namely Babli alias Sushma Devi (since deceased) on 12.5.2001 with the accused with the clear understanding that she had already undergone an operation for tumor in the uterus and she may not conceive. However, immediately after marriage, the accused started compelling her that if she cannot conceive, she should play role to arrange his marriage to her another daughter i.e. younger sister of his wife. The accused started harassing and subjected her to cruelty on account of her infertility. Babli @ Sushma having fed up with this continuous behaviour of the accused ended her life by consuming some poisonous substance and died in the hospital on 1.11.2003.

(3.) On the aforesaid statement of the complainant made on 2.11.2003 before SI Prem Singh, ruqa Ex.PA/PJ was sent to the police station, on the basis of which FIR was registered against the accused. The case was investigated. Post mortem examination was got conducted upon her. After recording statements of the witnesses and on completion of the investigation accused was challaned.