STATE OF HARYANA Vs. RADHA CHARAN

JUDGEMENT

(1.) STATE of Haryana has filed this appeal against the acquittal of Radha Charan (deceased on January 29, 2002, consequently appeal against this respondent has abated), his son Sudhir Kumar and daughter Deepali by learned Sessions Judge, Faridabad vide judgment dated December 12, 1994 on a charge of dowry death punishable under Section 304-B of the Indian Penal Code in respect of the death of Sudhir Kumar's wife Manju Devi alias Babli.

(2.) THE brief facts of the case are that Manju deceased was the daughter of Raj Singh (PW.2). Manju was married to Sudhir Kumar on February 9, 1992. At the time of marriage Raj Singh had given her sufficient dowry. List of dowry articles had been handed over to the police by Raj Singh at the time of the filing of the report. Two days before the marriage Sudhir Kumar's father Radha Charan telephoned Raj Singh and demanded a Maruti car in dowry. Raj Singh was also told that if the demand was not fulfilled, the marriage would not take place. Raj Singh arranged to book a car on February 7, 1992 and after taking delivery thereof the car was given to Manju in dowry. After the solemnisation of the marriage Manju complained to her father and other members of the family about the cruel treatment meted out to her by Sudhir Kumar, Radha Charan and Deepali. Manju had also informed her family that the accused had been expressing dissatisfaction over the dowry. Radha Charan had on one occasion said that an engineer bridegroom like his son should get Rs. 10 lacs in dowry. Manju had also informed her family that the accused had demanded Rs. 2.00 lacs in cash to settle Sudhir Kumar in the engineering profession. These dowry demands were discussed by Raj Singh with Maha Singh, Ajmer Singh and Chhottu Ram. In April 1992, Raj Singh accompanied by three persons had visited the house of the accused to complain about the demands made. Radha Charan had met them on that occasion and had insisted upon demand of Rs. 2 lacs as the amount was needed to secure employment for his son Sudhir Kumar. Even thereafter Manju's maltreatment continued. In August 1992 Raj Singh again went to Faridabad to persuade the accused not to ill-terat Manju and the accused again persisted and demanded Rs. 2.00 lacs.

(3.) AFTER Manju had been admitted to Escort Hospital, report of her admission was received at Police Station Central, Faridabad. According to the opinion of the Medical Officer Manju was unable to make a statement and had died at night. Manju's husband Sudhir Kumar had given a brief statement to the effect that Manju had taken poison. The dead body was subjected to inquest proceedings which were conducted in the mortuary of the Escort Hospital on September 7, 1992. During the inquest proceedings statement of Manju's father Raj Singh had also been recorded to the effect that he had come to know at Gurgaon at about 9/10 P.M. on September 6, 1992 that his daughter was seriously ill, whereupon Raj Singh reached Escort Hospital and he found that his daughter's dead body was lying in the mortuary.