KULWANT SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sadhu Ram complainant PW-6 was father of four daughters and two sons. One of his daughters, namely Mukesh in the year 1996 was married with Kulwant Singh-appellant No.1. On 23 rd April, 2001 Mukesh, in her matrimonial home, was found dead. She died due to hanging. The death of Mukesh led her father Sadhu Ram to lodge FIR Ex.P35. Translation of the FIR in English has been reproduced by the trial Judge in para No.2 of the impugned judgment. For facility of reference, the same is reproduced herein below:

(2.) The investigating agency, in pursuance of the FIR Ex.P35, concluded the investigation and submitted a report under Section 173 Cr.P.C. for trial of husband Kulwant Singh, mother-in-law Santro Devi, and two young brothers of Kulwant Singh namely Balwan and Hukam Singh. Since Hukam Singh was a juvenile, his trial was entrusted to the appropriate Juvenile Board.

(3.) The case qua remaining accused was committed to the Court of Sessions and for trial was entrusted to the Court of Additional Sessions Judge (Adhoc), Hisar, who vide impugned judgment dated 26 th August, 2002 held Kulwant Singh guilty of offences punishable under Sections 304-B and 498-A IPC. Santro Devi was acquitted under Section 304-B IPC and was convicted for an offence punishable under Section 498-A IPC only. However Balwan, younger brother of Kulwant Singh, was acquitted of both the charges. Vide a separate order dated 28 th August, 2002, accused Kulwant Singh was sentenced to undergo rigorous imprisonment for a period of seven years and three years under Sections 304-B and 498-A IPC respectively. Whereas, accused Santro Devi was sentenced to undergo rigorous imprisonment for a period of three years under Section 498-A IPC. Each of the accused was also directed to pay a fine of Rs.500/- under Section 498-A IPC, and in default thereof to further undergo rigorous imprisonment for six months.