NINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ninder Singh appellant has been convicted and sentenced for dowry death of his wife Virpal Kaur.

(2.) Virpal Kaur daughter of Nachhatar Singh, resident of village Mangeana was married in March, 1996 to Ninder Singh appellant of village Musali, within the area of Police Station, Elllanabad, District Sirsa in Haryana. The relations between the husband and wife were strained. Even the members of the family i.e. two brothers of the appellant, namely, Jasbir Singh and Jagjit Singh and Jaswinder Kaur alias Guddi wife of Jagjit Singh and Surjit Kaur mother of the appellant allegedly started demanding valuables. It was being claimed by Nachhatar Singh that a decent marriage was performed in which various valuable articles like fridge, sewing machine, scooter and other house hold articles were included in the list of dowry articles besides the ornaments of gold. The husband and the members of the family started causing harassment and giving beatings to the deceased and a sum of Rs. 20,000.00 was given to the husband in cash for purchase of a jeep and the balance amount was also agreed to be paid later on. Virpal Kaur was sent to her matrimonial home with the promise that the accused were not going to harm her but still it was being claimed that on 5.8.1998 Nachhatar Singh P.W.6 got information that his daughter Virpal Kaur, who was pRegulation nt, had been done to death by the aforesaid persons and her dead body had been cremated secretly so that no body could come to know the atrocities committed upon her. So Nachhatar Singh P.W.6 came to Police Station, Ellanabad on 6.8.1998 and made his statement before SI Subh Ram P.W.8 at 2.00 P.M. and on its basis formal F.I.R. Ex. PE was recorded. The special report reached the learned Ilaqa Magistrate at 5.10 P.M. the same day. The said SI went to the cremation ground of village Musali and lifted ashes and pieces of bone which were taken into possession vide memo Ex. PF. He prepared rough site plan Ex. PG of the cremation ground. Thereafter he went to the house of the accused and inspected the spot and prepared rough site plan Ex. PH. He also recorded the statement of Billa Singh P.W.7 son of Nachhatar Singh who narrated that how his sister was maltreated; that they had gone to the house of the in-laws of Virpal Kaur and had requested them not to maltreat her and also paid Rs. 20,000.00. The Investigating Officer arrested Surjit Kaur accused on 6.8.1998 and Ninder Singh and Jaswinder Kaur alias Guddi on 7.8.98, whereas Jasbir Singh and Jagjit Singh accused were arrested on 9.8.1998.

(3.) Obviously, there could not be any post-mortem on the dead body of the deceased since the same had been disposed of. A report of the Forensic Science Laboratory Ex. PJ was the evidence which mentioned that the bones recovered in the case could be of a person of 18 years of age and the sex of the deceased could not be ascertained. No poison could be detected out of the ashes etc. taken from the cremation ground.