RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Appeal No. 22-DB of 1990 Raj Singh v. State of Haryana and Criminal Appeal No. 280-DBA of 1991, State of Haryana v. Krishna Devi are directed against the judgment dated 30th November, 1990 passed by Additional Sessions Judge, Karnail, by which Raj Singh-appellant has been convicted under Sections 302 and 498-A of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code and to two years rigorous imprisonment and to pay a fine of Rs. 500/- in default of payment of fine, to further undergo rigorous imprisonment of three months under Section 498A of the Indian Penal Code. Both the sentences were ordered to run concurrently. Krishna Devi-respondent in. Criminal Appeal No. 280-DBA of 1991, mother of appellant Raj Singh, was acquitted by the Additional Sessions Judge, Karnal. State of Haryana in Criminal, Appeal No. 280-DBA of 1991 has challenged the acquittal of Krishna Devi respondent.

(2.) ON 9th January, 1990, the complainant Baljit Singh son of Ram Rattan, resident of village Khanpur Kalan, District Rohtak and cultivator by profession approached Assistant Sub Inspector Siri Chand, Incharge, Police Post Madlauda and got recorded his statement, Ex. PD, on the allegations thus.

(3.) IT is further the case of the prosecution that after some days, the complainant gave to the in laws of her deceased sister Krishna Rs. 2000/-, Rs. 5000/- and Rs. 10,000/- on three occasions. The complainant asked Krishna Devi (mother of Raj Singh) that her sister should not be harassed in future. In spite of that, the complainant's sister, deceased Krishna, whenever visited the complainant's house, she always complained that her in-laws would continue torturing, her whatever be given to them. They also turned out Krishna deceased from the house after giving beatings, although she was carrying a child in her womb. She gave birth to a child in the complainant's house. Her in-laws did not come to take her to their house. This matter was about four years old. After about 6-7 months of the birth of the child, the father-in-law of deceased Krishna, namely Hukami, had come to the complainant's house and told that the marriage, of his daughter was to be celebrated and that deceased Krishan should be sent there and he further assured that he would make his son (Raj Singh) and his wife understand. At this, the complainant party sent the deceased Krishna with him. After that, whenever deceased Krishna came to the complainant's house or the complainant visited village Osar in order to see her, she always repeated the same complaint and also that her in laws had not stopped beating her and demanded more cash and some times put demand of buffalo. The complainant disclosed the above facts to his Tau Har Narain (father's elder brother) and Tau's son Jaswant Singh. They pacified that it was a matter of a daughter and it was not good to give air to this matter and they all would make her in-laws to understand. They accompanied the complainant to village Osar and persuaded in-laws of deceased Krishna, who also assured them that nothing would happen in future. All this went futile, Raj Singh and his mother continued taunting deceased Krishna and compelled her to manage more dowry.