SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THAN Singh resident of village Doomarkhan married his daughter Sant Kala (now deceased) to Subhash son of Chhaju Ram a Jat of Khanpur in the year 1982. The deceased went to her matrimonial home in later part of the year 1985. Subhash, his mother's sister Bhartho and her son from the loins of Bhupa named Shamsher Singh all the three arrayed as accused, are alleged to have harassed the Bride for bringing more dowry. Subhash brought Rs. 2100/-from his father-in-law on 15th June, 1986 on the pretext of purchasing a bullock. Nearly two weeks before the occurrence in the beginning of April, 1987 Subhash again contacted his father-in-law in village Boomarkhan and demanded Rs. 10,000/-on the pretext of purchasing land therewith. Father of Subhash when contacted told Than Singh that they did not intend or propose purchasing any land. Than Singh, therefore, dropped the idea of parting with Rs. 10,000/-which he had actually brought with him to the matrimonial home of his daughter on 13th April, 1987; inspite of his being repeatedly told by the deceased therein that in case he did not give the money to Subhash, all the three accused aforesaid would kill her. All the three accused are also alleged to have told Sant Kala tauntingly in the very presence of her father Than Singh, "your father has given sufficient dowry. Therefore, he loves you much. " Sant Kala died an unnatural death on the night intervening 16th and 17th April, 1987 and was hurriedly cremated by the accused on 17th April, 1987 without informing her parents.

(2.) ON being charged with the commission of offences under Section 304-B read with Section 34 of the Indian Penal Code and Section 201 of the Indian Penal Code all the three accused pleaded 'not guilty' thereto and claimed to be tried. Bhal Singh, Zile, Kitab Singh and Lal Chand who allegedly attended the cremation of Smt. Sant Kala were also charged under Section 201 of the Indian Penal Code for destruction of evidence of crime attributed to the three accused aforesaid but were all acquitted by the learned trial court on 12th January, 1988. Vide its impugned judgment dated 12th January, 1988 aforesaid learned trial court, however, convicted all the three accused named Subhash, Smt. Bhartho and her son Shamsher Singh of the commission of the offence under Section 304-B read with Section 34 of the Indian Penal Code and sentenced everyone of them three to undergo individually imprisonment for life for their conviction. Feeling aggrieved therefrom, all the three convicted accused-appellants have jointly filed Criminal Appeal No. 45-DB of 1988 in this Court.

(3.) WE have heard Shri Baldev Singh, Advocate, for the appellants, Shri Ram Avtar Singh, Additional Advocate General, Haryana, for the State and have carefully gone through the entire evidence on record.