MEGH RAJ GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal revision petition has been filed against the judgment and order passed by Shri R.K. Tyagi, Additional Sessions Judge, Barnala in Sessions Case No. 12 of 1997 decided on 17.8.2000 in case FIR No. 314 of 8.11.1996 registered under Sections 304-B/498-A of the Indian Penal Code in Police Station Barnala. The accused were acquitted of the charge by giving them benefit of doubt.

(2.) THE facts of the case, briefly stated, are that Mamta, the youngest of the three daughters of the complainant, was married to Dr. Rajesh Kumar about 3- 1/4 years ago from the date of occurrence and dowry according to the capacity of the parents of the bride was given. After the marriage Mamta started doing her M.D. at Patiala and her husband Rajesh Kumar Garg joined Government service in Civil Hospital, Barnala as a Doctor. During December, 1995 after the retirement of the complainant, Dr. Mamta went to Bathinda to meet her parents, where she disclosed to the complainant in the presence of his son Harmesh Kumar that her in-laws needed Rs. 50,000/- for X ray plant. That amount was paid by Megh Raj to his son-in-law Rajesh Kumar Garg, after some days. About two months prior to the complaint, Mamta had completed her M.D. and had come back to Barnala in her in-laws house. About 15 days prior to the complaint, she visited Bathinda and told the complainant in the presence of Ramesh Kumar, his relative, that her husband Rajesh Kumar Garg, father-in-law Krishan Chand and mother-in-law Pushpa Devi demanded Rs. 1,00,000/- for starting a laboratory. She was assured by the complainant that he would try to make arrangement and would inform her at Barnala. On 3.11.1996 Megh Raj alongwith Ramesh Kumar, his relative, came at Barnala and told Dr. Rajesh Kumar, in the presence of his parents, that he could not arrange the money. At this Krishan Chand suggested that the complainant should pay the amount from his pensionary benefits. Megh Raj then demanded some more time, at which Rajesh Kumar Garg and his parents threatened that if the money was not paid, within a week, his daughter would face the consequences. On 8.11.1996, when Megh Raj, alongwith his son Harmesh Kumar, had gone to deliver sweets of Diwali festival in the house of Mamta's in-laws, they found Mamta lying dead in the Verandah and froath was coming out from her mouth and nostrils. It was further stated in the FIR that she had been killed by administering some poison by her husband and parents-in-law due to non-fulfilment of their demand of money.

(3.) THE prosecution, to prove its case against the accused, examined eight witnesses. After the close of the prosecution evidence, statements of all the accused u/s 313 Cr.P.C. were recorded. They pleaded not guilty and claimed trial. The accused also examined ten witnesses in defence.