LAXMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Laxman Singh has filed this appeal against the judgment of conviction and order of sentence dated 22.1.2003/27.1.2003 passed by learned Additional Sessions Judge, Narnaul, whereby he has been held guilty and convicted for the offences under Sections 304-B and 498-A of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 4,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 304-B IPC. He has also been sentenced to undergo rigorous imprisonment for one and half years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 498-A IPC. Both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Sanwal Ram. He stated that the marriage of his daughter Nirmala (deceased) was solemnized with Laxman (accused) son of Mangal Ram on 11.6.2000 and sufficient dowry had been given. Thereafter, on 8.11.2000, his daughter visited his village in connection with the marriage of his two sons, which was fixed for 8.11.2000. Nirmala told him that her husband Laxman used to harass her for not giving scooter at the time of marriage. She further told him that when she told the accused that her father had already spent amount beyond his capacity and he is unable to give scooter. Thereupon, the accused gave her beatings. After the marriage of complainant's sons, he went to Chandigarh along with his family and his daughter was sent to her-in-laws' house with Laxman. On 20.3.2001, the complainant along with his family returned to Village Surani. On 21.3.2001, he visited Village Rajpura for bringing her daughter Nirmala. Nirmala and her father-in-law, namely, Mangal Ram were found present at home. After staying there for some time, the complainant and his son Prem Parkash started returning to their village. In the meantime, his son-in-law Laxman met them on the way. The complainant told him that he had come to take Nirmala, who replied that it was their busy time and refused to send her, then they came back. On 1.4.2001, the complainant along with his family had gone to Village Rajpura to see Nirmala and they requested them to send her with them. Thereupon, Laxman, Tej Pal, Lakhan and sister-inlaw of Laxman, namely, Chameli wife of Tej Pal maltreated and grappled with them and they did not send Nirmala with them. Then, they returned to their village. On 14.4.2001, the complainant again came to Village Rajpura and handed over some sweets and clothes etc. to Nirmala and returned back leaving there his daughter quite well. They begged pardon for the altercations which took place between them on 1.4.2001. On the day of occurrence, the complainant was present at his home. In the meantime, Raj Pal, who is uncle of Laxman reached Village Surani and told him that Nirmala was sick. Then the complainant again asked him as to what was the reality. Then Raj Pal told that Nirmala had committed suicide by hanging. On receiving this information, the complainant along with his son Karan Singh, Joginder, Ganga Singh, nephew Parkash along with some persons of their 'Biradri' and other villagers went to Village Rajpura and found that Nirmala was lying dead on the bed inside the room. The complainant stated that he has belief that his daughter Nirmala had been murdered by her husband Laxman for not giving scooter in dowry. On the basis of this statement of the complainant, formal FIR was recorded. The Investigating Officer went to Village Rajpura, where he found the dead body of Nirmala wife of Laxman. He also found two pieces of 'Chunni' lying near the dead body. These were taken in possession in the presence of Sanwal Ram and Karan Singh PWs. He also prepared inquest report Ex.PG and sent the dead body for getting post mortem examination done. He also prepared rough site plan of the place of occurrence, which is Ex.PP. Thereafter, the investigation of this case was handed over to Inspector Om Parkash of CIA Staff, Narnaul. Statements of witnesses were recorded. After necessary investigation, the challan was presented in Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused, framed charges for the offences under Sections 498-A and 304-B IPC, to which the accused pleaded not guilty and claimed trial.