SATISH KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two connected cases i.e. CRA No.S-271-SB of 2002 and CRR No.1306 of 2002 arising out of the same judgment of conviction dated 22.01.2002 and order of sentence dated 23.01.2002 passed by learned Addl. Sessions Judge, Ambala, whereby the appellants were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/- each under Section 498-A IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each. Out of the amount of fine, Rs. 20,000/- was ordered to be paid to complainant as compensation. However, other co-accused namely Harish Kumar and Renu were acquitted of the charges framed against them. It is stated by learned counsel for the appellants that during the pendency of the appeal, appellant Jagan Nath has died. Learned State counsel has verified the factum of death of appellant Jagan Nath and therefore, appeal qua appellant Jagan Nath stands abated.

(2.) Revision-petitioner Ram Partap has filed CRR No.1306 of 2002 for convicting accused-respondents under Sections 306, 304-B and 498-A IPC.

(3.) The brief facts of the prosecution case are that FIR in the present case has been registered on the complaint made by Ram Partap on 12.05.1997. As per prosecution case, Rajni (deceased) was married to Satish Kumar. She was beaten up for bringing inadequate dowry. Complainant's niece and her husband had gone to meet Satish Kumar at his shop to persuade him to take back his wife but there was a negative response and both of them returned and narrated the facts to the complainant, which was over-heard by Rajni and some time in the middle of the night, she consumed aluminium phosphide and was found dead by complainant's family in the morning. The allegations are that deceased was treated with cruelty and there was a demand of dowry and accused had abetted the commission of such suicide. As the death had taken place within seven years of the marriage, the case was registered under Sections 304-B and 306 IPC. Accused were arrested. Statements of witnesses were recorded. After necessary investigation challan was presented against the accused-appellants and other co-accused. On presentation of challan against accused-appellants and other co-accused, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, accused-appellants and other co-accused were charge-sheeted under Sections 304-B, 498-A, 406 and 306 IPC, to which they pleaded not guilty and claimed trial.