SURESH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants-Suresh, Mahesh, Naresh and Dayawanti have filed this appeal against the judgment of conviction and order of sentence dated 7.2.2003/10.2.2003 passed by learned Additional Sessions Judge, (Fast Track Court), Bhiwani, whereby they have been held guilty and convicted for the offence under Section 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 300/- each and in default of payment of fine to further undergo simple imprisonment for three months each for the offence under Section 306 read with Section 34 IPC.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Krishan-complainant on 30.10.1999. In his statement, he stated that he is Nambardar of the village. His daughter Rampati aged 30 years was married 14 years ago with Suresh son of Ram Kumar. She was having two daughters, namely, Anju aged 11 years and Meena aged eight years. Rampati was tortured by her husband Suresh, brothers-in-law Naresh and Mahesh, father-in-law Ram Kumar, sister-in-law (Devrani) Dayawanti wife of Ramesh Kumar. She used to tell about the torture of her in-laws to the complainant, Smt. Laxmi Devi wife of the complainant and Dharambir, Satbir, Raj Kumar and Balwan sons of the complainant. The accused used to torture her by saying that she was having ill-luck, as she was not having any son due to which their house would be locked. A number of times, she told about the maltreatment given by her in-laws. The complainant tried to make them understand as not to torture her but in spite of that they did not change themselves. About four days prior to the incident, Balwan son of the complainant and Sheoran brother of the complainant went to see Rampati. They were told by Rampati that her in-laws would kill her and she also requested to send her father Krishan. Next day, the complainant went to Village Umrawat. Rampati tried to tell him that her husband Suresh, Naresh and Mahesh brothers of Suresh, Ram Kumar father of Suresh and Dayawanti sister-in-law of Rampati used to give beatings to her. Again the complainant tried to make them understand and came back. On that day, Suresh came to village and told the complainant that his daughter had died. Upon hearing the same, the complainant and his sons reached Village Umrawat. On reaching Village Umrawat, they saw that dead bodies of Rampati and her daughters Anju and Meena were lying on the cots. They asked about the cause of death of Rampati and her daughters Anju and Meena, but the in-laws of Rampati could not give any satisfactory reply. On inquiry, the complainant found that Rampati was being tortured by her husband Suresh, Naresh and Mahesh brothers of Suresh, sister-in-law Dayawanti, Ram Kumar father-in-law and because of the said torture, she was forced to commit suicide. On the previous night, Rampati had consumed the Sulphas and also had given the same to her daughters Anju and Meena. As a result of consumption of Sulphas, all the three had died. The complainant left his sons Satbir and Balwan along with the dead bodies of Rampati and her daughters Anju and Meena and lodged complaint with the Police. FIR was registered on the basis of statement of the complainant. The Investigating Officer investigated the spot. Inquest proceedings were conducted. Post-mortem examination was got conducted on the dead bodies. Rough site plan was prepared. After necessary investigation, the challan was presented in Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused, framed charges for the offence under Section 306 read with Section 34 IPC, to which the accused pleaded not guilty and claimed trial.