NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 1/2.5.2001 passed by the learned Additional Sessions Judge, Gurgaon (for short 'the trial Court'), whereby the accused/Appellants were convicted for the offence and sentenced to undergo RI for a period of seven years for the offence under Section 304B IPC and to undergo RI for a period of two years for the offence under Section 498A IPC. The Appellants were sentenced to pay a fine of Rs. 500/- or in default of payment of fine, to further undergo RI for a period of one month each. The substantive sentences were ordered to run concurrently.

(2.) Brief facts of the case may be noticed. Gomti Devi, the deceased, a young woman of 30 years, died on 10.3.1999. The death occurred on account of burn, injuries at her matrimonial home in Village Haily Mandi. She was married on 11.2.1997 with the Appellant-Naresh Kumar. The couple was blessed with a male child. Chander Singh, P.W. 7, father of the deceased, on learning from Ajit, younger brother of the Appellant-Naresh Kumar, that her daughter had received burn injuries, reached the matrimonial home of the deceased at Haily Mandi along with his wife and sister-in-law (wife of younger brother), where he came to know that his daughter had been removed to the General Hospital, Gurgaon. On reaching General Hospital, he came to learn that due to the critical condition of Gomti Devi, she had been referred to the Safdarjang Hospital, Delhi. He reached Safdarjang Hospital but could not speak to his daughter on account of extensive burn injuries suffered by her. Suspecting some foul play at the hands of his son-in-law, he lodged a complaint, Ex. PK, with SI Basant Pal, P.W.-11, on the basis of which, formal FIR, Ex. PK/2, was recorded. On 13.3.1999, Gomti Devi succumbed to her burn injuries. Thereafter, the postmortem examination on the dead body of the deceased was conducted. The complainant has alleged in the FIR that the Appellants used to demand dowry and he specifically stated that on 11.12.1997, he gave a gas cylinder and stove to the Appellants and subsequently, a demand of embroidery machine was raised in the year 1998.

(3.) ASI Basant Pal conducted the investigation. Earlier, the FIR was registered under Section 498A IPC. After Gomti succumbed to her injuries in the late hours of 13.3.199, Section 304B IPC was added.