CHHABIL DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6th May, 1989, passed by the Sessions Judge Bhiwani, whereby appellants Chhabil Dass and Inder Sain were convicted under Section 304-B of the Indian Penal Code, (for short 'the Code') and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution, in brief, is as under : Rajbala (deceased was the daughter of Manbhari (P. W. 7) and sister of Ramesh (P. W. 6 ). Her father had died. The marriage of Rajbala was solemnized with Inder Sain accused about a year prior to 4th May, 1988. Inder Sain and his brother Chhabil Dass accused were joint in residence as also in business. For about six months after the marriage of Rajbala, she did not air any grievance to her brother and mother. Thereafter she complained to them that she was being harassed and tortured by both the accused for having not brought sufficient dowry in the marriage Chhabil Dass accused had been compelling her to sleep with him and to have sexualintercourse. About 11/2 months prior to 4th May, 1988, Rajbala came to the house of her parents and told them that she was being continuously harassed by both the accused for not bringing sufficient dowry and that Chhabil Dass had been treating her as his wife and compelling her to have sexual intercourse with him against her wishes. She also told her mother and brother that the accused were demanding Rs 5,000/- more by way of dowry. Ramesh and Manbhari (P. Ws) thereafter arranged a sum of Rs. 5,000/- by way of loan from Dinod Gramin Bank and paid the same to the accused. Both the accused then assured that they would not give any cause for complaint in the future.

(3.) ON 4th May, 1988, in the morning hours Ramesh (P. W. 6) came to the house of the accused at Tosham to see his sister Rajbala. She told Ramesh that there was no improvement in the behaviour of the accused and that they were demanding Rs. 2,000/- more by way of dowry.