ARUN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated February 9th, 2001 and order of sentence dated February 13th, 2001 passed by Additional Sessions Judge, Sonepat, whereby, the appellant was convicted for the offences under Sections 306 and 498A, IPC and sentenced as under: <IMG>JUDGEMENT_438_CRIMES1_2011Image1.jpg</IMG> Both the sentences were ordered to run concurrently.

(2.) ARUN Sharma accused-appellant married Ritu (deceased) in the year 1995. On June 27th, 1999 she consumed some poisonous substance. She was brought to Civil Hospital. Sonepat by her husband vide information (Exhibit PG), Police was informed. Ram Chander, Station House Officer, Police Station Sadar, Sonepat (PW9) reached the hospital and found Ritu unfit to make statement. Ritu died on the same day at 8 p.m. The Medical Officer sent information (Mark A) to the police. Next day June 28th, 1999 Ram Chander Investigator again went to Civil Hospital and recorded statement (Exhibit PB1) of Dal Chand (PW4) father of the deceased. Dal Chand stated that ARUN Sharma and Ritu were married four and a half years prior to the occurrence. He had given sufficient dowry in accordance with his status but accused/appellant and his mother were not satisfied with the dowry. His daughter always would complain that she was subjected to harassment by accused/ appellant and his mother for not bringing sufficient dowry. At one point of time, a demand of Rs.50,000 was made but he showed his inability to pay the amount. 10 days prior to the occurrence, Ritu was turned out by the accused from her matrimonial home. However, after consoling his daughter, he took and left her at her matrimonial home. On the eventful day June 27th, 1999 Krishana (PW5) mother of the deceased went to the house of the accused and met his daughter. When she came back to her house, she was informed on telephone that Ritu had consumed some poisonous substance. The sum and substance of the statement of Dal Chand was that his daughter committed suicide because she was subjected to cruelty by the accused in connection with demand for dowry. First Information Report (Exhibit PB) was recorded. Inquest report (Exhibit PE) was prepared. Post-mortem examination on the dead body of deceased was conducted by Dr. A.S. Ahlawat (PW8). He opined that Ritu died on account of consuming aluminium phosphate.

(3.) THE main witnesses examined by the prosecution were Dal Chand (PW4), Smt. Krishana (PW5), father and mother of the deceased, Dr. A.S. Ahlawat (PW8) who conducted the postmortem examination and Ram Chander Investigator (PW9).