PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Pawan Kumar and his parents Om Parkash and Mewa Devi. They were tried by learned Additional Sessions Judge, Karnal and vide judgment dated February 2/5, 1996 they were convicted under Sections 304-B read with Section 498-A of the Indian Penal Code and sentenced to undergo various terms of imprisonment. Pawan Kumar was sentenced to undergo rigorous imprisonment for 7 years and other lesser sentences, Om Parkash to rigorous imprisonment for 3 years and Mewa Devi was released on probation.

(2.) PAWAN Kumar of Kaithal was first married to Shakuntla daughter of Brij Lal of Cheeka in 1983. The couple had two sons but Pawan Kumar started harassing Shakuntla and demanded dowry which demands her family met, off and on in cash and kind. According to Shakuntla's brother Nand Lal (PW-3). Shakuntla was not in a proper frame of mind and was somewhat disturbed when her marriage had taken place. Pawan Kumar told Shakuntla's family that he wanted to remarry and if Shakuntla's sister Vaishno Devi (deceased) was not married to him he would remarry someone else. Shakuntla's family sensed that if Pawan Kumar determined to remarry then it would be better if he marries Vaishno Devi as this would make Shakuntla happy. So they agreed to get Vaishno Devi married to Pawan Kumar. The marriage between the two was solemnised on December 10, 1989. Pawan Kumar and Vaishno Devi also had a son. Pawan Kumar often used to beat Vaishno Devi and demand dowry and also taunt her by saying that if he had been married in some other family he would have got more dowry. After 6 months of marriage Pawan Kumar and his parents demanded Rs. 50,000/- for purchase of a plot from Vaishno Devi's family and also for purchase of scooter. Pawan Kumar went to Nand Lal's house to make this demand. An old scooter was given to him and Rs. 50,000 was promised to be given in future. After 6 months of the getting the scooter. Pawan Kumar returned to Nand Lal's house and demanded that he should be given a new scooter and also demanded Rs. 50,000/-.

(3.) THE accused were arrested and sent up for trial. At the trial charge was framed against them under Sections 498-A and 304 I.P.C. to which they pleaded not guilty. Prosecution examined Dr. S.K. Singhal (PW-1), Nand Lal (PW-2), Sham Sunder (PW-3). Mahesh Sharma (PW-4), Kashmiri Lal (PW-5), Baskhi (PW-6), Mange Ram C (PW-7), Inspector Bhoop Singh (PW-8) and SI Vishnu Dutt (PW-9).