SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUNIL son of Om Parkash (husband of Smt. Anita, deceased) has filed the present Criminal appeal and it has been directed against the judgment and order dated 27.11.1995 passed by Additional Sessions Judge, Sonepat, who held the appellant guilty for the commission of offence under Section 304-B of the Indian Penal Code and sentenced him to undergo life imprisonment.

(2.) IT may be mentioned here that in the trial Court along with the appellant, his parents Om Parkash and Smt. Kela were also tried for the offence under Section 304-B of the Indian Penal Code, but vide impugned judgment those had been acquitted.

(3.) STATEMENT Ex. PB in this case was made by Manoj Kumar son of Hoshiar Singh resident of village Sankhol, real brother of the deceased, and this statement was so made before ASI Ram Chander of Police Station, Kharkhoda and it has been stated by the complainant that he is a resident of village Sankhol and is a student of B.A.Part-III. He has three brothers and two sisters. The name of his elder sister is Asha while the name of his younger sister is Anita who was aged about 22 years at the time of her marriage. She was married with Sunil appellant resident of Rohna about 6/7 months before her death as per the prevalent customs. Dowry was also given to her and a list of those dowry articles was prepared which was in his possession. The complainant alleged that his brother-in-law Sunil appellant had earlier purchased a car. Anita deceased used to tell her mother and complainant off and on that her husband Sunil had raised a demand for money and he pressurised her to arrange the money from the house of her parents. Consequently, he and his mother brought this matter to the notice of Hoshiar Singh, father of the deceased, who was employed somewhere. The deceased even called her father and the complainant in village Rohna on the excuse of her illness. There also the deceased Anita told to the complainant that her husband had raised a demand for a sum of Rs. 20,000/- and that he had been harassing her continuously. Upon this the complainant and his father brought Anita to village Sankhol. After one or two days Sunil come to village Santokh in order to take his wife Anita. He again made a demand of money from the complainant in the presence of his mother. They told to the appellant that they are poor persons, and they are unable to meet this demand of money. Thereafter the appellant took Anita with him to his house. On 31.5.1994 the complainant came to know that his sister Anita had been murdered on the previous day and her dead body had been set on fire for not arranging the desired amount of Rs. 20,000/-. Besides Sunil, other members of his family are also party to the crime. When the complainant was proceeding to the police station, he met the police party headed by ASI Ram Chander at Thana Chowk, Kharkhoda where it was present in connection with patrolling. Consequently, Manoj Kumar made statement Ex. PB. It was read over and explained to him and he signed the same in token of correctness. Thereafter the Thanedar made endorsement underneath the said statement Ex. PB and it was sent to the police station for registration of a case under Section 304-B of the Indian Penal Code on the basis of which formal FIR No. 112 of 1994 was registered.