NARESH KUMAR AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.09.1998, passed by Addl. Sessions Judge, Yamuna Nagar at Jagadhri, convicting and sentencing all the accused-appellants (herein referred as 'the accused') to undergo rigorous imprisonment for a period of seven years under Section 304-B IPC.

(2.) The sad story, relates to unfortunate death of Geeta Rani at the house of accused allegedly at their hands within 11 months of her marriage, therefore, the accused namely Rakesh Kumar, Naresh Kumar and Pushpa Rani being the husband, husband's brother and husband's brother's wife, were prosecuted and ultimately convicted and sentenced accordingly.

(3.) The facts, as culled out from the statement made by complainant Gurnam Singh (herein referred as 'the complainant'), father of the deceased, on 06.07.1997 before ASI Jagan Nath, Police Station City Jagadhri, are that he is a Band Master by profession, having 7 children (four daughters and three sons). In the month of August, 1996, he had married his eldest daughter Geeta Rani with Rakesh Kumar and sufficient dowry was given to the accused as per his capacity. However, after three months of the marriage, his daughter came to him and complained that her husband, his brother and his brother's wife were pressurizing her to bring Rs. 1,00,000/- from her parents for the purpose of purchasing the house and they were harassing and maltreating her for not bringing the said amount. He persuaded her regretting his inability to pay as he had not repaid the loan obtained for her (Geeta) marriage, however, he sent her back with the assurance that he would make arrangements if possible. On 11.05.1997, the deceased again came in disturbed condition and disclosed him and his wife that all the three accused were harassing her for not bringing dowry. She also disclosed her apprehension that if the arrangements are not made, they would kill her. She further disclosed that the accused had sold all her jewellery. Gurnam Singh took up the matter with the Panchayat including Pala Ram son of Bachna Balmiki and Gurdial Singh son of Gobind Singh Ramdasia Sikh. Thereafter, as decided, he again sent his daughter to her in-laws house after persuading that they would come to persuade the accused. On 30.06.1997, he alongwith his wife, Pala Ram and Gurdial Singh, Panches, went to Jagadhri and tried to persuade the accused not to cause harassment to Geeta Rani whereupon all the accused placed a condition for paying them at least Rs. 50,000/- on account of dowry but again he regretted his inability to pay the same on the ground that he is still to discharge the loan and persuade them not to harass her, however, on repeated demands, he agreed to pay Rs. 10,000/- at the time of 'Dusshera' festival and left Geeta Rani at their house.