KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE First Information Report No. PD/1, mother of Chander Kanta deceased named Smt. Bimla Devi reported to the police in Police Station N. I. T. , Faridabad, at 8. 15 P. M. on 12th June, 1985 as follows: "i have three children. Out of them two are daughters and one is son. The eldest daughter Kamlesh Kumari is married at Meerut. The younger son Ashok Kumar is residing at Bombay. The youngest daughter Chander Kanta is married with Krishan Kumar above 6/7 years, 100 at Jawahar Colony, Faridabad. She had a son aged about 5 years. There had been a quarel between my daughter Chander Kanta and my son-in-law Krishan Kumar. In the year 1982 my daughter Chander Kanta came at Meerut due to maltreatment of her husband Krishan Kumar. After some time I got filed a case against Krishan Kumar by Chander Kanta for maintenanct allowance in the Meerut Court. Krishan Kumar filed a case against my daughter at Faridabad and on 28. 7. 84 there was a mutual compromise arrived at between Chander Kanta and Krishan Kumar. Then Chander Kanta started residing at Faridabad with her husband Krishan Kumar. On 8. 6. 85 I came to Delhi in connection with some work, and from there I came to Jawahar Colony, Faridabad to see my daughter Chander Kanta. My daughter Chander Kanta told me that her husband Krishan Kumar tortures her day and night and also says that my daughter Chander Kanta should ask me to sell my house and the 1/2rd share of the proceeds of that house be paid to her husband through Chander Kanta, otherwise he will kill her. My daughter Chander Kanta also told me that she has written a letter to me at Meerut in this regard. In that letter she has also written that I should meet her (my daughter) immediately at Faridabad as her husband had forced Chander Kanta to bring the money. He has fixed 12. 6. 85 as the final date. Today I received telephonic message that my daughter had died by setting fire to herself by sprinkling kerosene oil. I have come to you along with the letter which my daughter posted to me and wtich I produce to you and the same has been taken into possession by you after preparing recovery memo. Ajit Singh s/o Kartar Singh r/o 38-D/pehlad Nagar, Meerut also came with me. My daughter Chander Kanta has burn herself on her body after putting kerosene oil, which has resulted in her death. This death has been taken place due to the torturous behaviour of her husband who had demanded money from her. Krishan Kumar has asked Chander Kanta to bring money up to 12 6. 85, which she could not do and this circumstance compelled her to meet death. I came to inform you. Action be taken. Statement has been heard which is correct. My son-in-law Krishan Kumar had been asking my daughter Chander Kanta from the inception of marriage till now to bring money as inadequate dowry was given and he was compelling her to bring money. "

(2.) ON being prosecuted under Sections 498-A and 306 of the Indian Penal Code, on the allegations obtaining in the First Information Report, husband of the deceased named Krishan Kumar accused pleaded 'not guilty' to both the charges framed against him and claimed to be tried. Vide its impugned judgment dated 5th December, 1985 learned trial Court convicted him of the commission of the offences aforesaid and sentenced him to undergo rigorous imprisonment for a period of three years for his conviction under Section 498-A and rigorous imprisonment for a period of seven years for his conviction under Section 306 of the Indian Penal Code. Both the substantive sentences of imprisonment awarded to the accused appellant were, however, ordered to run concurrently. Feeling aggrieved therefrom convicted accused Krishan Kumar has filed Criminal Appeal No. 585-SB of 1985 in this Court. Hence the appeal.

(3.) I have heard Shri R. S. Ghai, Sr. Advocate, with Shri Vinod Ghai Advocate, for the appellant, Shri K. K. Gupta, Advocate, for the State and have carefully perused the relevant material on record. 3.