JEET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Jeet Ram son of Sohan Ram, caste Bajigar, resident of village Alika, District Hisar (Haryana) has filed the present criminal appeal against the judgment dated 12.11.1998 and order dated 13.11.1998 vide which he was convicted for the offences under Sections 304-B and 498-A of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 304-B IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 900/- and in default of payment of fine, to further undergo rigorous imprisonment for one month under section 498-A of the Indian Penal Code. The trial Court further held that all the sentences shall run concurrently.

(2.) IT may be mentioned here that along with the appellant, Shri Bhagat Singh (brother) and Smt. Roshi Bai (Bhabi) were charge-sheeted but, they were acquitted by the impugned judgment.

(3.) THE story of the prosecution has been unfolded by Shri Ranjha Ram (P.W.4) - the brother of the deceased, vide his statement Ex.PG made before A.S.I. Maha Singh, Incharge of Police Post Madh, at the Bus Stand Alika when the Thanedar, along with the police party, was present there in connection with patrolling and when Shri Ranjha Ram PW made his statement Ex.PG. according to which, the complainant is a resident of village Mirana and works as a labourer. His father had expired long time back. He has four brothers and sisters. His elder sister is Smt. Jhamro Bai, younger to her is Smt. Bindo Bai (deceased) and the youngest sister is Smt. Jindo Bai. His two elder sisters are married. He had performed the marriage of his elder sister Smt. Bindo Bai about six years ago with Jeet Ram son of Sohan Ram, caste Bazigar, resident of village Alika according to Hindu rites and customs. He had given dowry articles to his sister at the time of marriage beyond his capacity but the husband of Smt. Bindo Bai, her Jeth Bhagat Singh and Jethani Smt. Roshi Bai (both acquitted) were not satisfied with the dowry articles and they used to harass Smt. Bindo Bai for bringing more dowry articles. It is also stated by the complainant that his sister Smt. Bindo was blessed with two sons from the loins of her husband, the younger son of his sister is three years old. The accused started harassing her (his ?) sister about four years prior to the present occurrence. His sister had been telling the accused that her brother is a poor person and could not afford as there are three more sisters who are dependent upon him. It is difficult for him to meet the demand of the accused but the accused were not satisfied with this request of the deceased and they used to beat her. So much so, she was turned out of her matrimonial home and was given warning to return to the matrimonial home only after getting the money. It is alleged by the complainant that his sister returned to the house of her parents and apprised him, Smt. Ladi Bai, his uncle Sikandar Ram and his grand father Sh. Sohan Ram about the illegal demand of the accused. The complainant further alleges that in order to rehabilitate Smt. Bindo Bai in the house of her in-laws, he along with his uncle Sikandar Ram went to the house of the accused with a sum of Rs. 5000/- and his sister was rehabilitated. However, the accused were not satisfied and they started saying that they would have no relations with the poor family. Upon which, the complainant party pleaded with folded hands and after leaving Smt. Bindo Bai at her husband's house, the complainant party returned to their own village. For some days, there was no problem for the deceased but three years back, again the accused started pressing upon her sister to bring Rs. 10,000/- for getting their land levelled. The matter was brought to the notice of the complainant who was not in a position to pay the huge amount of Rs. 10,000/- nor he was in a position to meet this monetary demand. It is further alleged by the complainant that when he could not meet the demand of Rs. 10,000/-, his sister was given beating in a cruel manner and she was turned out of the matrimonial home. Again a threat was given to her that in case she wanted to rehabilitate herself in the matrimonial home, she should return only with the money. All the facts were narrated by the deceased to her brothers and the other relatives. It was also informed to the complainant that the deceased apprehended danger to her life from the hands of her husband, her Jeth and Bhagat Ram and Jethani Roshi Bai and that they could kill her at any time for the lust of money. It is further alleged by the complainant that they tried to pacify the matter. So much so, a Panchayat was taken to village Alika but, the request of the Panchayat was not accepted by the accused and they insisted with their own demands. The complainant also stated in the statement Ex.PG that he had been going to village Alika a number of times with the Panchayat but the suggestion of the Panchayat was never accepted. The Panchayat consisted of Piara Lal and Mai Ram Members Panchayat. To ensure rehabilitation of Smt. Bindo Bai, the complainant along with his grand-father Shri Sohan Ram took the deceased to the house of her in-laws and also paid a sum of Rs. 6000/- to her husband Jeet Ram, Jeth Bhagat Singh and Jethani Roshi Bai. However, the accused made demand that the remaining amount shall be paid to them within two days, failing which it will not be in the interest of the deceased Smt. Bindo Bai. The complainant also stated that they tried to pacify the matter. They could not arrange the money within the time given by the accused. On the day of lodging the report i.e. on 18th August, 1995, at about 7 O'clock, Ram Chand, Member Panchayat of village Alika came to the village of the complainant and informed that Smt. Bindo Bai had expired during the night. Upon which, the complainant along with his family members and some of the co-villagers went to village Alika. They tried to verify the facts at their own level and came to know that Smt. Bindo Bai had been murdered by her husband Jeet Ram, Jeth Bhagat Singh and Jethani Roshi Bai for their just of dowry. The above statement Ex.PG was made by Shri Ranjha Ram before the Thanedar. The contents of the statement Ex.PG were read over and explained to the complainant, who signed the same in token of its correctness. The Thanedar made endorsement underneath the said statement and it was sent to Police Station Ratia for registration of the case under section 304/34 IPC on the basis of which, formal FIR No. 394 dated 18.8.1995 was registered in the police station vide D.D.R. No. 16 of the said date. It may be mentioned here that endorsement underneath the statement Ex.PG was made by the Thanedar at 2.40 p.m. on the same day.