SHANKAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been instituted by Shankar Lal son of Ladhu Ram, who was aged 18 years, at the time when the impugned judgment was pronounced by Additional Sessions Judge, Sirsa. Additional Sessions Judge, Sirsa, vide his impugned judgment dated 8.8.1997, held appellant Shankar Lal guilty of offence under Section 304-B IPC and vide order dated 9.8.1997 he was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-. In default of payment of fine, to further undergo rigorous imprisonment for three months. The appellant was tried along with his co-accused Mam Kauri and Krishan Lal. Appellant Shankar Lal was married with Raj Bala about five and a half months before the date of occurrence. Appellant Mam Kauri was mother-in-law of deceased Raj Bala and Krishan Lal was elder brother of Shankar Lal.

(2.) Ram Singh, Assistant Sub Inspector, received ruqa from the doctor regarding admission of Raj Bala in General Hospital, Sirsa. He reached hospital along with Satbir and Dharambir, Constables. He sought opinion of the doctor regarding fitness of Raj Bala to make statement. The doctor opined that Raj Bala had suffered 90% burns, therefore, was declared unfit to make statement. Thereafter, Assistant Sub Inspector, approached Chief Judicial Magistrate, Sirsa, for recording dying declaration of deceased Raj Bala. The Chief Judicial Magistrate, Sirsa, was away, therefore, Naib Tehsildar, Nathusari Chopta, was deputed to record statement of Raj Bala. On opinion sought, Medical Officer again declared Raj Bala unfit to make statement. At that time, Budh Ram, father of Raj Bala, was present in the hospital, and his statement was recorded. Ram Singh, Assistant Sub Inspector,m recorded statement of Budh Ram, father of Raj Bala, deceased, on 8.9.1995 at 11.00 A.M. The statement was exhibited as Ex.PA on basis of which formal FIR Ex.PA/1 was registered. Budh Ram stated that his daughter Raj Bala was married with accused Shankar Lal five/five and a half months before the date of occurrence and he had given all articles of dowry i.e. one cooler, one refrigerator, one fan, four tolas of gold ornaments and Rs. 21,000/- in cash, according to his capacity at the time of his marriage. Raj Bala started living in the house of her in-laws at Sirsa. After the marriage, Shankar Lal, husband, Krishan Lal, elder brother of the husband and mother-in-law Mam Kauri asked Raj Bala that complainant (her father) had not given scooter and television. This fact was told by Raj Bala to her family members when she came to meet them at Arhianwali, residence of the complainant. Complainant went to Sirsa and promised husband Shankar Lal, elder brother of husband Krishan Lal and mother-in-law Mam Kauri that he would give dowry after sometime. These accused harassed the daughter of the complainant on the ground that she has brought less dowry. A day before the occurrence, Thakur, son of the complainant, had gone to bring Raj Bala. The accused disclosed that Raj Bala would be sent after ten day. They were again requested to send Raj Bala as Sharadh festival was to start soon. On the day of occurrence, Sohan Lal, neighbourer of the accused, came to village Arhianwali and told the complainant that his daughter had been burnt. Thereupon, complainant went to Sirsa. He learnt that his daughter was admitted in hospital in burnt condition. The smell of kerosene was coming from the body of Raj Bala and she was unconscious. After some time, Raj Bala died. The complainant expressed his suspicion that her daughter was burnt by her husband Shankar Lal, Krishan Lal, elder brother of the husband and Mam Kauri, mother- in-law. The above said FIR was investigated. Report under Section 173 Cr.P.C. was submitted.

(3.) The accused were charged on 28.11.1995 by Additional Sessions Judge, Sirsa, that accused being mother-in-law, husband and elder brother of the husband, subjected Raj Bala to cruelty in connection with demand of dowry before her death and death was caused in the house of accused at Sirsa on 8.9.1995 by burns within seven years of marriage with Shankar Lal accused and thereby all accused caused dowry death and committed an offence under Section 304-B IPC. The accused pleaded not guilty and claimed trial.