RAJPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 13.10.2010 and order of sentence dated 20.10.2010, passed by the Addl. Sessions Judge, Sonipat, whereby he was held guilty and convicted and sentenced to undergo imprisonment for life under Section 304-B IPC. He was further convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months under Section 316 IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of application filed by Vinod Kumar Pundir on 04.08.2006 to SHO, Police Station, Kundli, District Sonipat. It is stated in the application by the complainant that his daughter Preeti's marriage was solemnized with Rajpal on 04.05.2005. At the time of marriage, he spent more than Rs. 2 lacs by giving all household goods and cash amount of Rs. 21,000/-. But from the dowry given in the marriage, husband of his daughter, mother-inlaw Ramwati Devi, elder brother-in-law Prempal Singh and younger brother-in-law Komal Singh were not happy and just after the marriage they all demanded Rs. 50,000/- cash and motor cycle as more dowry.

(3.) On showing her incapability, they used to torture his daughter and also used to give beatings to her regarding which complaints have been made to the complainant or his wife by their daughter many a times on telephone and on meeting. When his daughter started calling everyday on having been heavily tortured, then on 21.07.2006, complainant Vinod Pundir, his wife Kumodini Pundir, his step nephew (Bhanja) Sandeep and elder step nephew (Bhanja) Pardeep Singh, who are employed in the Haryana Plywood Factory, reached at her matrimonial house with intention to pacify the in-laws of Preeti. They tried their best to pacify them but none of them was ready to understand them. Till last, they remained adamant for their aforesaid demand of more dowry. On 23.07.2006, he (complainant) along with his wife and step nephew Sandeep returned to Aligarh. On 24.07.2006 at about 5.00 P.M., all the aforesaid members of in-laws family had committed murder of his daughter for not fulfilling their demand of dowry. His daughter was having pregnancy of nine months at the time of incident. On receiving information, his step nephew Pardeep Singh, his wife Lovely and complainant's mother Smt.Gulab Devi, who was at the house of Pardeep Singh at that time, reached the matrimonial house of Preeti. On reaching there, they saw that Preeti was although breathing but froth was coming out from her mouth and nose. Bangles and spectacles of her daughter were found broken down on the earth. Eyes were coming out and bed-sheet was smeared with lot of blood. On seeing her this condition, Pardeep and Gulab Devi put Preeti in a vehicle and proceeded to ESI Hospital Basai Darayor Delhi. They also forcibly took Rajpal, husband of his daughter. On reaching the hospital, the doctor declared her brought dead. His step nephew immediately informed him (complainant) that Preeti had expired and complainant reached Delhi immediately and saw that his daughter was lying dead. Complainant further stated in the application that he is sure that his daughter Preeti had been murdered by administering poison by her in-laws for not fulfilling their aforesaid demand of more dowry. It is also stated in the application that on 25.07.2006, he had made his statement before Sub Divisional Magistrate, Rajouri Garden, Delhi under whose supervision postmortem of Preeti was conducted on 25.07.2006 in Din Dayal Upadiyay Hospital, Delhi. On the basis of this application, FIR was registered on 04.08.2006. In the statement before the SDM, Rajouri Garden, Delhi on 25.07.2006, the complainant stated same facts. After the registration of the FIR, the Investigating Officer SI Rajpal visited the spot and prepared rough site plan Ex.PL/1. On 05.08.2006, complainant handed over marriage card which was taken into police possession and statements of witnesses were recorded. On 24.07.2006, Inspector Sudesh Kumar, P.S. Adarsh Nagar, Delhi got conducted post-mortem examination on the dead body of Preeti after receiving telephonic message from ESI Hospital, Basaidarapur, Delhi.