(1.) Appellants Ram Kishan, Bhim Singh and Phoolmati (Phoolpati) have preferred the instant appeal against the judgment of conviction dated 11.02.2003 and order of sentence dated 17.02.2003, passed by Additional Sessions Judge, Bhiwani, vide which they have been held guilty for the commission of offence punishable under Sections 304-B and 498-A read with Section 34 IPC. Accordingly, they have been convicted and sentenced to undergo rigorous imprisonment for a period of eight years each under Section 304-B read with Section 34 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each under Section 498-A read with Section 34 IPC. Both the sentences were ordered to run concurrently. However, the appellants have been acquitted of the charge framed against them under Section 302 IPC.
(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the complaint dated 18.06.1999 of Ram Kumar, father of Sunita (deceased). As per prosecution version, Sunita was married to Ram Kishan on 17.12.1994 and sufficient dowry articles were given in the marriage. But, in-laws of Sunita were not happy with that dowry. Complainant stated that whenever, Sunita visited her parental house, she used to tell that her in-laws had been insisting her to make payment in cash. The complainant made payment in cash but even then the in-laws of Sunita were not satisfied. The complainant received payment of compensation of acquisition of his one acre of land from the Government. Upon this, in-laws of Sunita asked her to bring a Hero Honda motorcycle from her parents house but the complainant could not meet their demand. Thereafter, in-laws of Sunita started harassing her more. The complainant alongwith some residents of his locality went to the village of accused and made to understand them but they remained adamant. On 17.06.1999, one Subhash informed the complainant on telephone that Sunita in burnt condition had been got admitted in General Hospital, Hansi. At this, complainant alongwith his brothers etc. had gone to General Hospital, Hansi and found Sunita lying there in burnt condition. On seeing the complainant, Sunita while weeping told him that her mother-in-law had caught hold her by her hair, her father-in-law sprinkled kerosene on her and her husband lighted match stick and thereby she was set on fire. She was referred to Rohtak hospital by Medical Officer. As much time could have been taken to take Sunita to Rohtak hospital, therefore, she was taken to General Hospital, Hisar but on the way to Hisar, she succumbed to burn injuries.
(3.) Inquest proceedings on the dead body of Sunita were conducted.