SANJAY GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant questions the judgment dated 5.4.2003 recording his conviction and the order awarding him sentence to undergo RI for a period of three years and pay a fine of Rs.10,000/- under Section 498-A IPC. In default of payment of fine he was sentenced to undergo further RI for a period of one year. Qua the offence under Section 306 IPC he was sentenced to undergo RI for a period of ten years and pay a fine of Rs.50,000/- and in default of payment of fine to undergo further RI for a period of two years. The substantive sentences were ordered to run concurrently. The appellant along with his parents Trilok Chand and Smt. Tej Rani faced prosecution under Sections 498-A and 304-B IPC.

(2.) Deceased Renu was married to the appellant on 31.10.1998. At the time of welcome ceremony of the Barat the appellant and his family members are reported to have held the other ceremony hostage to a demand of Rs.1,50,000/-. This was paid to them under extreme pressure by the parents of deceased Renu. She was thereafter constantly harassed in her matrimonial home and a demand of a car was raised repeatedly. Om Parkash, brother of her mother Raj Rani along with other respectables made efforts for approachment and pleaded that their family was not so financially well of so as to meet the demands of dowry. These demands had a telling effect on the health of the deceased and also her father damaging his kidneys. The deceased, who was expecting a child, was left at the house of her parents just a month prior to the date of delivery. A male child was born but neither the appellant nor his family members made any effort to visit the deceased or her new born. The deceased Renu was persuaded to go back to her in-laws' house along with articles worth Rs.50,000/- but this did not satisfy the appellant and his family members and her harassment continued. On 18.12.2000 at about 8.00 p.m. a phone call was received by Nemi Chand (PW13) that his niece has been poisoned to death. He along with 10/15 persons reached the hospital at Gurgaon and was informed that the dead body of Renu was lying in the morgue. FIR in this regard was registered since the death of the deceased was established to be on account of poisoning.

(3.) Report under Section 173 Cr.P.C. was submitted. The appellant went to trial where the prosecution examined as many as 18 witnesses. The post-mortem report conducted by Dr.S.K.Sharma (PW2) and the Chemical Examiner's report established the cause of death on account of celphos poisoning. The report suggested that the celphos was placed in the vagina of the deceased which eventually led to her poisoning and finally her death.