STATE OF HARYANA Vs. ROSHAN LAL

JUDGEMENT

(1.) ROSHAN Lal S/o Mani Ram, Smt. Sarbati Wd/o Mani Ram and Om Parkash S/o Mani Ram, all residents of Village Dhani Kundanpur, P.S. Sardar, Hansi, Distt. Hissar, were tried under Sections 306/498-A of Indian Penal Code for the alleged murder of Smt. Mewa wife of Roshan Lal. The Additional Sessions Judge, Hissar, vide his judgment dated 24.9.1986 acquitted all the accused.

(2.) AGGRIEVED against the order of acquittal, the State of Haryana has filed the present appeal.

(3.) MANI Ram, father-in-law of Mewa visited village Dudiwala twice alongwith Panchayat for bringing Smt. Mewa back. The complainant Bhai Ram, the father of Mewa, had also collected his brotherhood. On assurance given by the father-in-law of Mewa that she would not be harassed on account of inadequate dowry and on the intervention of the Panchayar. Mewa was spent alongwith Mani Ram to her-in-law's house. Though the accused had given surety of good behaviour, but the things did not improve. There was again harassment of Mewa at the hands of her-in-laws. On 30.12.1985, Smt. Mewa died in village Kundanpur by consuming some pesticide and she also administered pesticide to her daughter Bholi, who expired about a month later. Smt. Mewa had taken this step due to continuous harassment at the hands of the respondents-accused. Then accused sent Badri and Norang to village Dudiwala to bring Bhai Ram and his wife on the pretext that Smt. Mewa had taken this step due to continuous harassment at the hands of the respondent-accused. Then accused sent Badri and Norang to village Dudiwala to bring Bhai Ram and his wife on the pretext that Smt. Mewa had been brought to hospital at Bhiwani as she was to deliver a child. Since Bhai Ram, father of Mewa, was not available in the village, they took with them Bhai Ram's brother Bhola Ram and Mewa's mother Gita in the car. On reaching Hansi Hospital, Bhola Ram was asked by the accused to affix his thumb impressions on some papers on the pretext that the Doctor wanted the same in connection with the operation of Smt Mewa regarding her delivery. On 31.12.1985, Mani Ram and Om Parkash told Bhola Ram that Mewa had died. Thereafter Bhola Ram and Gita went to their village and informed Bhai Ram about the whole matter. While returning to his village on 3/4.1.1986, Bhai Ram went to village Dhani Kundanpur where Smt. Rewati and Smt. Bimla belonging to the complainant's village, are married. They told him that they had heard the cries of 'Mar Gai, Mar Gai' from inside the house of Mani Ram on 30.12.1985. When they happened to pass in front of the house of Mani Ram, the door was closed at that time. Thereafter Bhai Ram enquired from Mani Ram as to what was story in the presence of Risal Singh and Mani Ram S/o Bhola Ram (PW). Accused Mani Ram since dead told him (Bhai Ram) that he would satisfy him in the Panchayat on 11.1.1986. Afterwards Panchayat was convened in the Rest House at Hansi in which some persons including Raghunath, Risal Singh, Shankar, Ram Kumar, Kheta, Bhagwan Pancha, Prabhu Lambardar and Mani Ram (PW) were present. Mani accused asked Bhai Ram, complainant, to select any four persons out of that Panchayat and he would ask those four persons to swear an oath on his behalf. Bhai Ram named Net Ram, Jee Sukh, Phulla and Kheta for the said purpose. Mani Ram accused requested for time upto 16th January, 1986 and assured the complainant that those four persons would swear an oath on his behalf. On 16.1.1986, the complainant collected his villagers including Panchayat Members, Sarpanch and Lambardar. However, no message was received from Mani Ram accused. It was on 25.1.1986 that the complainant lodged FIR in Police Station Hansi by submitting a complaint Exhibit P.J. Bholi daughter of Mewa also died on 3.2.1986. The accused had buried her dead body, which, later on, was got recovered by the Police Inspector Darashan Singh prepared the inquest report and sent her dead body for post-mortem examination. The cause of death was opined after the receipt of the report of the Assistant Chemical Examiner due to consumption of insecticide of organo phosphorus group.