RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of two connected appeals. Cr. A. 343-SB of 19x6 and Crl. A. 379-SB of 1986, arising out of the common judgment. Appellants Nihal Singh and his sons Ramesh and Partap and his wife, Smt. Ram Kali, along with Majid, Dharambir and Ram Pal were tried in Sessions Case No. 20 dated (6-10-85 before Sh. S. C. Jain, Addl. Sessions Judge, Faridabad. Majid, Dharambir and Ram Pal were acquitted vide an order dated 3-10-85 while the remaining four persons, now the appellants, were convicted of offences under Sections 306 and 498a, 1pc vide judgment dated 12-5-86 and vide a separate order of the same date, Ramesh and Ram Kali, appellants were sentenced to undergo RI for five years under Section 306, 1pc and RI for one year under Section 498a. 1pc. Nihal Singh and Partap appellants were sentenced to undergo RI for 3 years under Section 306, 1pc and R. I. for one year under Section 498a, 1pc. The substantive sentences, of each of the accused, were ordered to run concurrently.

(2.) PROSECUTION case, briefly summarised, is to the effect that PW 9 Hari Singh married two of his daughters, named Rajo and Bir Bail, to two real brothers, namely Ramesh and Partap respectively. Wife of Partap, named Bir Bati bad died 3 years earlier to the present occurrence and it is alleged that the death was in unnatural circumstances. On the evening of 4-7-85, Smt. Rajo is stated to have died by committing suicide by hanging herself. PW 6 Prem Chand is the witness who lodged the FIR. According to his statement, made in Court, as PW 6, he was a Member of Panchayat. Ramesh appellant had been married to Smt. Rajo about 12 years earlier. About 8 years after (he marriage, a male child was born, but it died soon thereafter. Since then Ramesh and Rajo had been living together peacefully, but subsequently, their relations got strained. On 4-7-85-at about 7 p. m. , be learnt that Rajo had committed suicide by hanging herself in the jungle of the village, at the house of Nihal Singh. At about 11 p. m. , he left his village Siha and proceeded towards Police Station Palwal and reached there at about midnight, but the police officials present there told him that they could not record his statement. His statement was recorded by the Police at about 4 a. m. and the same is Ex. P. . F. By the time the Police arrived, the dead body had been cremated. The police collected the ashes and bones of Rajo and put them in a small jute bag. PW 3 Babu Ram told that Ramesh had married about 10/12 years ago with a girl from village Atari whose name he did not know. He did not know, as to when wife of Ramesh had died. PW 4 Chetan stated that Ramesh was married with a girl of village Jatwari whose name he did not know. She had died about 8 months back, but he did not see any one taking her dead body for cremation. PW 5 Bhikhari Chowkidar stated that he did not know as to when and how wife of Ramesh had died. At the asking of the Police, he had visited village Jatwari and tried to contact Hah Singh father of Rajo (deceased), but he was not available. He had given that information 10 other people of that village. PW 9 Hari Singh stated that he had married his daughter Rajo with Ramesh about 12 years ago and at the same time, he had also married his other daughter Bir Bati to Partap. At the time of engagements of his daughters, he bad given Rs. I000/- to Nihal Singh and at the time of marriages, he had given Rs. 3200/- to Nihal Singh, besides ornaments and other articles. Muklawa ceremony was performed about a year after the marriages and further gifts were given on that occasion. The family of Partap and Ramesh had felt satisfied with dowry articles. A year after the Muklawa ceremony, Nihal Singh and his family members started maltreating the girls. About 11 years ago, he bad visited village Siha in the company of other respectables. Bir Bati had been murdered by Partap and Ram Kali 3 years earlier, but he did not report the matter to the Police, as he wanted to save the life of Rajo. For a year after the death of Bir Bati, Rajo had been treated well, but again maltreatment and harassment had started. He had visited village Siha and persuaded Nihal Singh and his family members to mend their ways. On that occasion, Rajo had told him that the appellants were pressing her for bringing more money. He had visited village Siha 3 days after the death of Rajo and had seen blood on the wall of the Chaubara. About 8/10 days prior to the death of Rajo, he had asked Mangtu to bring Rajo in his company who on return gave the information that Rajo had been beaten in his presence by Partap and Smt. Ram Kali. Bhikhari Chuwkidar had visited, his village to give him the information about the death of his daughter, but he was not available, as he was away to village Dabara. He had then been informed at village Dabara about the death and thereafter, he bad visited village Siha. Dead body had been cremated before his arrival. He bad appeared before the Police. PW 10 Radhey stated that he had accompanied Hari Singh and others to village Siha on receipt of information about the death of Rajo. She had been married to Ramesh. At that village, different versions as to the cause of death were being given; some people were saying it to be a case of suicide; while according to others, it was a case of murder. About 10/15 days prior to the death, he had accompanied Hari Chand, Jasri, Murli, Hari Singh to village Siha to see his sister Har Piari who is also marred at that place. ''rajo cams to the house of his sister Har Piari and told him to give information to her father that disputes were going on in the family. He had conveyed this information to Hari Chand. PW 11 Hari Chand stated that he had visited village Siha in the company of Jasri and Radhey and Rajo had met them and told them that she "'as not being properly treated and that they should convey the message to her father who should visit village Siha. PW 12 Mangtu stated that about 20/25 days earlier to the death of Rajo, he had visited her house at the asking of her father so as to bring her along. He asked the appellants to send Rajo with him, but they refused although she was prepared to come. The appellants had a grievance that when Ramesh had visited Hari Singh's house at village Kuslipur, he was not given any money When Rajo insisted, she was given slaps by Ram Kali and Partap. The appellants used to harass Rajo and Bir Bati. PW 13 Kishan Piari is the mother of the deceased and. she corroborated the statement' of her husband about the marriages of Rajo and Bir Bati and the matter receiving the information about Rajo's death. PW 8 SI Nar Singh is the Investigating Officer. Statements of formal witnesses were tendered on affidavits.

(3.) THE appellants denied the allegations of the prosecution and claimed the case to be false. It was stated that Rajo bad given birth to a male-child, but it had died after its birth. Rajo had died a natural death. Intimation bad been sent to her parents. DW 1 Kallu stated that prior to the death of Raj", a child was born to her and thereafter, wife of Ramesh had remained ill and died of illness. Nihal had summoned 5/10 persons of the village and intimation was also sent to Jatwari through the Chowkidar. Dead body was cremated after information to all the concerned persons.