STATE OF HARYANA Vs. KANWAR PAL & OTHERS

JUDGEMENT

(1.) This appeal by the State of Haryana is against judgment of learned Additional Sessions Judge, Bhiwani, dated 7.9.1991 acquitting Kanwar Pal, Chander Pati, Smt. Bimla and Mahender Singh of the charge under Sections 498A and 304B of the Indian Penal Code.

(2.) The facts of the case as set up by the prosecution is that Urmila, deceased was married with accused Mahender Singh on 3.6.1986. Her parents had spent about Rs. 40,000.00 to 50,000.00 at the time of marriage but it was stated that the accused were not satisfied with the dowry given to the deceased. Mahender Singh, husband-accused is serving in the Army and whenever he used to come to his village on leave, he used to bring Urmila from her parental house to his house and give her beatings for bringing less dowry and accused used to pressurise her for bringing more dowry. Urmila deceased visited her parents about 7/8 times and she used to tell her woe-be-gone story of harassment and cruelty. About six months prior to the occurrence which took place on 21.8.1989, Braham Dev, brother of deceased went to take Urmila from her in- laws house. At that time Chander Pati mother-in-law of the deceased gave her pen and paper and asked her either to bring dowry or to make a writing of divorce but Braham Dev took Urmila with him to her parental house after stating that they were poor and were not in a position to arrange for more dowry. Kanwar Pal, husband of Chander Pati accompanied Braham Dev and Urmila to the house of the parents of Urmila wherein the presence of Hans Raj, Surender, Jagmal, Chhelu and other family members, he asked Santra, mother of Urmila either to fulfil demand of dowry or keep Urmila at her house. Since father of Urmila was away to Delhi and therefore, on his return, he was told about the demand of dowry of the accused. The father even visited the house of the accused for reconciling the matter but demand for more dowry was made on 20.8.1989. Surender (younger brother of Mahender Singh) again came to the parental house of Urmila to take her but she was not willing to go apprehending danger to her life but on persuasion of her mother, she agreed and went with Surender to the house of her in-laws. However, 2-3 days thereafter, the parents of Urmila got news of her death and they came to know that she had been poisoned.

(3.) On 21.8.1989, S.I. Thawar Singh received a wireless message about the incident but nobody was available near the dead body. However, on the next day Kanwar Pal recorded his statement Ex. PL. Inquest report Ex. PK was prepared and the dead body was sent for post-mortem examination. While preparing inquest report, statements of Mahaveer father and Hira Lal grand-father of the deceased Urmila as well as that of Kanwar Pal were recorded. The Board of Doctors who conducted the post-mortem examination submitted the report. However, on the statement of Santra, as ordered by D.S.P. Bidwan, formal FIR was recorded and the accused were arrested. The Doctor who conducted the post-mortem examination gave a report that death in this case was due to asphyxia.