SANJAY AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Sanjay, Jai Kumar and Shanti Devi have directed the present appeal against the judgment and order dated 24.07.2003 passed by Shri Vinod Jain, learned Additional Sessions Judge, Rohtak vide which appellants have been convicted under Section 498-A of the Indian Penal Code ( in short the IPC) and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/- each and in case of default of payment of fine to further undergo simple imprisonment for a period of six months. Accused Ajay, Vikas, Rekha and Meenu were, however, acquitted from the charges under Sections 304-B and 302 of the IPC levelled against them after giving them benefit of doubt.

(2.) Shorn of unnecessary details, the case of the prosecution in brief is that on 18.7.2002, SI/SHO Neki Ram on receiving a V.T. Message reached Police Post PGIMS, Rohtak from where he collected medical ruqa of 11.05p.m. dated 17.7.2002 informing the police that Rekha was brought dead by her husband Sanjay. Thereafter, he reached emergency ward of the PGIMS, where he met Murari Lal father of deceased Rekha, who stated that he is pensioner from electricity department. His daughter Rekha was married with Sanjay Kumar (accused) resident of House No.15/16, Para Mohalla, Rohtak. He gave sufficient dowry more than his capacity but just after one or one and half month of the marriage, her parents-in-law, sisterin- law and brothers-in-law, started taunting and beating her for bringing insufficient dowry. Twice or thrice, he himself alongwith his brother-inlaw Tirlok Chand came to Rohtak and tried to make the accused persons understand but they did not desist. They went on raising demands for dowry and went on giving her beatings. Her father-in-law Jai Kumar Jain, her mother-in-law Shanti wife of Jai Kumar, her sister-in-law Rekha and Meenu her husband Sanjay and her brother-in-law Ajay and Vikas alias Vicky, all continuously harassed and gave her beatings on account of not bringing sufficient dowry. Sometime they used to demand scooter and sometime cash. But the complainant could not meet their demands. Because of malice, all the accused persons went on harassing and beating his daughter. Only about one month back, she gave births to twin daughters by an operation. On Pilia ceremony, Sham Lal, Anil Kumar and Sanjay Kumar went to the accused persons with customary gifts of about Rs.20,000/-, but they did not allow them even to talk with his daughter saying that they had brought nothing. On 17.7.2002 at about 11 or 11.30p.m., complainant received a telephonic message from Meenu that Rekha was seriously ill and they should immediately reach Medical College Hospital, Rohtak. After ten minutes thereafter he received another telephonic message from Meenu that Rekha had died. On the basis of the aforesaid statement FIR was registered. Investigation commenced. Statements of the witnesses under Section 161 Code of Criminal Procedure (in short Cr.P.C.) were recorded. The accused were arrested. After completion of investigation, challan against the accused was filed to stand trial under Sections 304-B and 498-A of the IPC.

(3.) The trial Court framed charges under Sections 304-B of the IPC and in the alternative under Section 302 of the IPC and also under Section 498-A of the IPC. The accused pleaded not guilty thereto and claimed trial.