CHHAJJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this Crl.Misc. writ petition filed under Article 226/227 of the Constitution of India, one Chhajju son of Dulha Ram has prayed for the issuance of appropriate writ, order or direction that his detention in jail after he has served 10 years actual sentence and 14 years total sentence including remissions is wholly illegal and arbitrary and his detention is wholly unlawful and that he is entitled to release forthwith.

(2.) FACTS :- Petitioner along with two other co-accused was tried in a complaint case under sections 498-A/304-B/306/34 IPC of City Hissar. Learned Additional Sessions Judge, Hissar convicted him under Section 304-B IPC read with section 34 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 5,000/- vide order dated 24.5.89. He further sentenced him to undergo RI for 1-1/2 years and to pay fine of Rs. 1,000/- under section 498-A read with section 34 IPC. It is stated that he was convicted for what is known as "dowry death" in common parlance under section 304-B IPC. He was not found guilty of murder nor there was any charge of murder against him. It was a conviction simpliciter under sections 304-B/498-A IPC. He filed appeal against his conviction and sentence which was dismissed on 6.11.89. Thereafter in SLP, the sentence of imprisonment for life passed upon him was upheld. In sum, he was sentenced to imprisonment for life simpliciter under Section 304-B IPC. It is stated that he has been in jail since 24.5.89. He has undergone the sentence as under :- Y M D i) 24.5.89 to 24.7.2001 12 2 0 ii) Remissions granted by the Govt. as well as jail authorities 4 2 0 Total 16 4 0 Less because of parole 1 3 0 15 1 0

(3.) OFFENCE punishable under Section 304-B IPC is wholly different from the offence punishable under section 302 IPC. Section 302 IPC punishes the commission of murder which is defined in section 300 IPC. Section 304-B IPC punishes "dowry death" which is not murder of a woman. Presumption of "dowry death" arises on proof of the following facts :- (i) unnatural death of a woman within 7 years of her marriage; (ii) she was being subjected to cruelty or harassment by her husband or any relative of her husband in connection with any demand for dowry.