CHATRU DEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants against the judgment and order dated 18.10.1995 passed by the Additional Sessions Judge, Ambala, convicting the accused- appellants under Section 304-B and 498-A IPC and sentencing them to undergo RI for 10 years and to pay fine of Rs. 5000/- each under Section 304-B IPC and in default of payment of fine to undergo further RI for 9 months and also sentencing them to undergo RI for two years and to pay fine of Rs. 500/- each for the offence under Section 498-A IPC and in default of payment of fine to undergo further RI for three months with a further direction that all the substantive sentences shall run concurrently. It was also directed that out of the fine if realised, a sum of Rs. 10,000/- shall be paid io the parents of the deceased Smt. Nirmala Devi, by way of compensation.

(2.) The facts, in brief, are that on 15.3.1993, at 2.30 p.m., Gulzar Singh, complainant made statement Ex. PK before ASI Jai Singh at PGI, Chandigarh. In the said statement it was stated by Gulzar Singh, PW5, that he was a Mohammedan and was a resident of Banoor. It was alleged that he had married his daughter Smt. Nirmala Devi, about 1-1/2 years back with accused Subhash and had given sufficient dowry as per his capacity. It was alleged that one month after the marriage when his daughter came to his house at that time she told him that her husband Subhash and her mother-in-law Smt. Roshni and her father-in-law Chatru Deen were demanding scooter and fridge, whereupon he told her that he would go to Bargodam (village of the accused) and make them understand that he was a poor person and was not in a position to pay this much dowry. It was alleged that thereafter, after about four months neither the husband nor his parents came to take Smt. Nirmala Devi, whereupon he (Gulzar Singh) had gone to village Bargodam and he talked to his son-in-law and his kurram and tried to make them understand but all three of them continued raising demand for fridge and scooter. It was alleged that after one month thereafter he sent various persons of his biradari to village Bargodam to talk to the accused side to settle the girl but on return they also told that the boy and his parents were raising demand for scooter and fridge. It was alleged that subsequently accused Chatru Deen had married his daughter and in the said marriage he had not invited his daughter (Smt. Nirmala Devi). It was alleged that subsequently, under the pressure of biradari, his son-in-law (accused Subhash) and Raj Kishan took his daughter Smt. Nirmala Devi with them to village Bargodam and she stayed with the accused for two months and thereafter his son Pardeep Kumar brought Nirmala Devi to her parents house and at that time she told him that the accused were still raising the demand for fridge and scooter and that they should send her only after sending scooter and fridge otherwise they would not send her. It was alleged that thereafter he again went to village Bargodam and gave Rs. 3000/- to his son-in-law namely Subhash Chand accused and at that time they again raised demand for scooter etc. It was alleged that about seven days back again he had sent his daughter Nirmala Devi alongwith his son Pardeep to village Bargodam and at that time his daughter was telling him weepingly that the accused used to maltreat her and when his son came back, he also told him that his brother--in-law namely accused Subhash Chand and his parents used to maltreat her. It was alleged that on that day i.e. on 15.3.1993, when he was present at his house, at that time Raj Kishan resident of village Bargodam came to him and told him that hisdaughter Nirmala Devi had consumed some poisonous substance and had committed suicide. It was alleged that his daughter had consumed poisonous substance as she was fed up with the maltreatment meted out to her by the accused for giving less dowry. It was alleged that he had gone to P.G.I. Chandigarh alongwith his relatives. It was alleged that his daughter had died on account of maltreatment meted out to her by his son-in-law and his parents and that action be taken. After recording the statement Ex. PK, ASI Jai Singh sent the same to the police station, on the basis of which formal FIR Ex. PK/1 under Section 498-A and 304-B IPC was registered in PS Pinjore at 4 p.m. on 15.3.1993 and special report had reached the Chief Judicial Magistrate, Ambala at 7.25 p.m. at his residence, as per the endorsement on the FIR, copy Ex. PK/1. ASI Jai Singh prepared the inquest report and sent the dead body for post mortem examination. He also visited the spot. Thereafter, investigation was handed over to SI Deep Ram who also visited the spot where the police file was handed over to him by ASI Jai Singh. SI Deep Ram took into possession the parcel containing clothes of the deceased vide recovery memo Ex. PA and also recorded the statements of PWs. He sent for the accused but they were not available. On 21.3.1993, SI Deep Ram arrested accused Subhash Chand and accused Smt. Roshni, in this case. On 23.3.1993, these accused got the dowry articles recovered and the same were taken into possession vide recovery memo Ex. PB. On 26.3.1993, Jagan Nath, Sarpanch produced accused Chatru Deen before SI Deem Ram and he formally arrested him in this case. After completion of the investigation challan was submitted in the Court. The learned Additional Sessions Judge charged all the three accused under Section 304-B and 498-A IPC, to which charges the accused pleaded not guilty and claimed to be tried. The prosecution in support of its case, examined various witnesses. Thereafter, statements of accused under Section 313 Cr.P.C., were recorded, in which they denied prosecution allegations against them and stated that they were innocent and had been falsely implicated in this case. They further stated that they had never harassed Nirmala Devi, deceased nor had made any demand for dowry. It was stated that she had no issue and on that account she had become very touchy and was frustrated from her life. They stated that she used to take several medicines. Accused Subhash Chand further stated that when he came to know that she had taken some poisonous substance he took her to the hospital and did his best to save her life and provided all medicines. He further stated that he was living separately from his parents. Accused Chatru Deen and his wife Smt. Roshni also stated that they were living separately from the accused. Subhash Chand and on coming to know about the occurrence they had removed her to the hospital and did their best to save her life. In their defence, the accused examined DW1 Jagan Nath, Sarpanch and DW2 Jaggar, uncle of Nirmala Devi, deceased.

(3.) The learned Additional Sessions Judge, after hearing both sides and after perusing the record, convicted and sentenced the accused appellants as stated above vide judgment and order dated 18.10.1995. Aggrieved against the same accused appellants filed the present appeal in this case.