STATE OF HARYANA Vs. RAJBATI & ORS.

JUDGEMENT

(1.) THE present appeal by State is against the judgment of acquittal passed by Additional Sessions Judge, Faridabad dated 18.11.1991 in a case arising out of FIR No.290 of 12.10.1990 under Sections 498 -A/34 and 304 -B of the Indian Penal Code registered at Police Station Sarai Khawaja, District Faridabad.

(2.) BRIEFLY , the prosecution story is that Nirmala aged 19 years was married to Rakesh accused No.2 on 1.5.1987. Nirmala died on 12.10.1990 due to poisoning at Faridabad i.e. the place of her husband. First Information Report was recorded on the statement of Satish Chander, brother of Nirmala deceased, stating therein that the marriage of his sister was solemnised on 1.5.1987 with Rakesh, Dhobi by caste resident of Kharakpur District Etah, Uttar Pradesh. It was stated that his father had given dowry according to his capacity but accused No.2 and his aunt accused No. 1 were not satisfied and used to harass her time and again for bringing more dowry. Many a tunes, it was stated, that his sister had told him about this but they were not in a position to give more dowry. On this issue, his brother -in -law and Checheri mother -in -law i.e. father's younger brother's wife, accused No. 1 used to give beating to her. It was further alleged that 15 days before the occurrence Nirmala had come to her in -laws from their house and on that day at 5 p.m. he had received an information that his brother -in -law Rakesh and his aunt Rajbati had committed murder of Nirmala in the greed of more dowry. It was further stated that he along with his uncle Sohan Lal and cousin i.e. Tau's son, the elder brother of father's son Krishan Pal came to house of in -laws at Jharia Market and found the dead body of his sister.

(3.) WE have heard Shri D.P.Singh, Additional Advocate General Haryana for the appellant -State -of Haryana and Shri R.S.Sihota, Advocate, learned counsel for respondent -accused and on perusal of the record we are of the opinion that no case for interference is made out in the present appeal.