VIKAS @ VICKY AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants have directed the present appeal against the judgment dated 19.05.2003 and order dated 20.05.2003 passed by Shri Dharamvir Singh, the then learned Sessions Judge, Ambala vide which accused-appellants were convicted under Section 304-B read with Section 34 of the IPC and sentenced them to undergo rigorous imprisonment for a period of ten years each.

(2.) The prosecution case, in short, is that on 26.1.2002, police of Police Post M.C.Chowki, Urban Estate, Police Station, Baldev Nagar received telephonic message that Shalu had received burn injuries. Police recorded the statement of Naresh Kumar-uncle of Shalu, who was present there to the effect that marriage of Shalu daughter of Desh Deepak, his brother was solemnized with Vikas alias Vicky accused in the month of September 1998, as per Hindu Rites. As per their capacity sufficient dowry articles were given to the accused-persons at the time of marriage. After solemnization of the marriage, husband, mother-in-law, father-in-law and brother-in-law of Shalu remained normal for a period of three months. One FDR was in the name of Shalu-deceased in U.Co. Bank, HMT Pinjore for a sum of Rs.1,47,000/-. Vikas alias Vicky accused, husband of the deceased Shalu, intended to encash the said FDR as he wanted to start some business. After some resistance by the complainant party, the said amount of FDR was withdrawn by accused Vikas alias Vicky and thereafter again the situation normalized for another period of four months.

(3.) It has been further alleged that accused Vikas alias Vicky was not satisfied with the amount of the FDR again went to the house of his inlaws along with Shalu-deceased and demanded another sum of Rs.40,000/- but the complainant party showed their inability to pay the same. Accused Vikas on their refusal started threatening that he would not take deceased Shalu with him. Ultimately they arranged for Rs.40,000/- and handed over the same to Vikas alias Vicky accused. Vikas alias Vicky could not run his business of shoes and he again started torturing Shalu. They gave beatings to deceased Shalu and maltreated her for bringing insufficient dowry articles. The said act of torturing and demand of dowry was informed by deceased Shalu to her parents through telephone. Shalu then reached to Pinjore at her parents house and told that she was being tortured by the accused-persons for bringing more and more money from her parents. Accused Vikas accompanied by her mother Raj Rani (accused) reached Pinjore and expressed to the complainant party that he is intending to reopen the shop in Patasian Wali Gali. Accused further told that they were not having money to pay the Pagri to the owner of the shop and again demanded money from the complainant party and threatened that dare consequences shall follow if their demand was not satisfied. Therefore, the complainant his brother Desh Deepak and other relatives collected a sum of Rs.35,000/- and handed over the same to Vikas accused and her mother Raj Raniaccused. Even after receiving money, the accused did not desist from their illegal designs.