JAIBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction dated 18.02.2009 and order of sentence dated 20.02.2009 passed by Addl. Sessions Judge, Fast Track Court, Gurgaon. The appellant was convicted in FIR No.296 dated 11.08.2007 registered for commission of offence punishable under Sections 498-A and 304-B IPC at Police Station Manesar, Gurgaon. He was sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.1,000/- under Section 498-A IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of six months. He was also sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.5,000/- under Section 304-B IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of two years. Both the sentences were directed to run concurrently.

(2.) A revision has been preferred by Uday Ram complainant seeking modification and enhancement of the sentences awarded to the appellant.

(3.) The factual matrix before the merits are gone into. Sona Bai was married to Jaibir in 2005. At the time of her marriage, Jaibir had refused to perform the rituals and he had made a demand of motor-cycle. The relatives prevailed upon him and the marriage was performed. Sona Bai died an unnatural death in the matrimonial home and a complaint was lodged by Uday Ram-father of the deceased on 11.08.2007 where he levelled allegations of harassment and cruelty with regard to dowry demand not only by the husband but by his family members also. The complainant had disclosed that Sona Bai was beaten up and she returned to his house. She was sent back with the assurance that all would be well. On 10.08.2007, the complainant had come to meet his sister in a nearby village. At about 6.00 pm, Jagdish, Jeth of Sona Bai called Surinder Singh and told him that he should come to their village immediately as Sona had done something wrong. The complainant immediately started for his house on receiving the said information. At that time, his son Surender Singh told him that two-three persons had come and told that Sona Bai had set her body on fire and she was to be cremated. The complainant and his relatives went to village Baganki and found the body lying dead. The matter was reported to the police and formal FIR was registered and the accused was arrested. The remaining persons were found innocent by the prosecution during investigation and were not challaned.