KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN case FIR No. 50 dated 28.2.1987 registered under Sections 306/498-A of the Indian Penal Code at Police Station City Kaithal, vide order dated 21/23/5/1988, Krishan Kumar accused was convicted under Sections 304-B and 498-A IPC by the Additional Sessions Judge, Kurukshetra and sentenced to undergo rigorous imprisonment for a period of seven years on the former count and to undergo rigorous imprisonment for a period of three years on the latter count at Sessions case No. 9/2 of 1998/Sessions Trial No. 19 of 1988 on his file.

(2.) THE prosecution case, in brief is that Smt. Kiran Bala d/o Jiwan Lal of Nabha (Punjab) was married to Krishan Kumar of Kaithal on 19.11.1986. As per her father Jiwan Lal, he gave lot of gifts in marriage by way of dowry to Krishan Kamr commensurate with his financial position, status and capacity. Krishan Kumar and his family was, however not satisfied with the dowry brought by her in marriage. She was being cursed daily by them for having brought inadequate downy. They pressed upon her to bring adequate cash for Krishan Kumar so that he could expand his newly started business. Smt. Kiran Bala requested her father to fulfil the demand for cash of her in-laws. Kiran Bala told her husband and his family of her father's inability to satisfy their demand for cash. As per Jiwan Lal on 17.2.1987, Krishan Kumar, his father Het Ram, his mother Sarbati, his brother Ramesh Kumar and his wife Smt. Geeta administered poison to Kiran Bala. After she had become drowsy, she was doused with kerosene by all of them and was set on fire. She died on the spot. Thereafter, Krishan Kumar, his father, mother, brother Ramesh Kumar and Geeta lodged report at Police Station City Kaithal. It was a false report containing distorted version. Police reached the spot and took into possession the exhumed dead body of Smt. Kiran Bala. Police got the dead body snapped. Information was sent by Krishan Kumar and his other relatives about the death of Kiran Bala before cremating the dead body, to Kiran Bala's parental house at Nabha. Jiwan Lal was not at home at Nabha and as such he could not attend cremation. He was away to Bathinda Cantt. in connection with his posting there. It may be mentioned here that Jiwan Lal was UDC in the office of Garrison Engineer at Bathinda Cantt. Post mortem examination on the dead body of Kiran Bala was carried out at Kaithal. Kiran Bala's was an un- natural death. Jiwan Lal's wife and some other relatives attended the cremation at Kaithal. Her in-laws got their signatures/thumb impressions on blank papers on the pretext that case was going to be registered by the police with regard to the un-natural death of Kiran Bala. No case was registered by the police in the beginning as they were in league with Krishan Kumar and his family. As per Jiwan Lal, his daughter was doused with kerosene on 17.9.1987 at about 1.30 P.M. and was killed by her husband, his parents Het Ram, Sarbati and brother Ramesh Kumar and his wife Geeta. Jiwan Lal made application Exhibit P-G to Hon'ble the Chief Minister of Haryana, on the basis of which, this case was registered on 28.2.1987 at Police Station City Kaithal under Sections 306/498-A IPC. After investigation, Krishan Kumar, his father Het Ram, mother Sarbati Devi and brother Ramesh Kumar were challaned.

(3.) VIDE order dated 7.3.1988, the Additional Sessions Judge, Kurukshetra charged Krishan Kumar, his father Het Ram, mother Sarbati and his brother Ramesh Kumar under Sections 498-A and 304-B(2) Indian Penal Code. They pleaded not guilty to the charge and claimed trial.