UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 22.01.2003 and order of sentence dated 24.01.2003, passed by the learned Addl. Sessions Judge (Adhoc), Hisar, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- under Section 498-A IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of nine months but the appellant was acquitted of the charge under Section 304-B IPC. Co-accused namely, Anchai Devi, Buchia, Nand Kumar and Ramesh were found not guilty and were acquitted of all the charges framed against them.

(2.) The brief facts of the prosecution case are that a complaint was filed by Partap Singh, father of Usha (deceased). It was stated in the complaint that Usha was married to Umed Singh on 23.04.1994 and complainant spent about Rs. 1 lac on the marriage and cash amount of Rs. 5,000/-. T.V., ornaments, clothes and utensils were given. At the time of engagement, it was told that Umed Singh is a matriculate and is a government servant but after marriage, they came to know that neither Umed Singh is a matriculate nor he is a government servant. He was a vagabond and he was not caring for Usha after the marriage. He used to take liquor and used to come late in the house and used to beat Usha. Immediately after the marriage he started harassing Usha and was pressurizing her to bring Rs. 20,000/- so that he may purchase three-wheeler. The demand was made after three months of the marriage. The complainant, in order to help Umed Singh, got sanctioned Rs. 10,000/- from his department and gave the said amount to Umed Singh. Umed Singh did not purchase the three-wheeler and started indulging in drinking habit in a bigger way and Ramesh accused also joined him. Both of them used to come late after taking liquor. When Usha was asleep, accused used to pull her from her hair, slap her and under the influence of liquor he used to tell Usha not to have any difference in him and in Ramesh. Usha brought this fact to the knowledge of complainant and in the end of the year 1995, complainant brought Usha to her parental house. Then panchayat was convened and Usha was sent with Umed Singh. Again Umed Singh under the influence of liquor, Anchai and Nand Kumar pressurized Usha to bring Rs. 20,000/-from her parents for the marriage of Buchia. Usha showed inability. At this, accused wanted to get rid of Usha and to marry Umed second time. Complainant again brought Usha to Hisar where she remained for two months and then went to her maternal uncle's house. Umed Singh demanded fridge from the maternal uncle of Usha and took Usha from there on the assurance of Sube Singh, maternal uncle that on getting salary he would arrange the fridge. Accused continued causing cruelty to Usha and also used to taunt her. On 03.09.1996, complainant received information through Panna Lal that Usha was admitted in the hospital. Usha died and the police obtained signatures on blank papers from complainant saying that action would be taken against the accused person but no action was taken. They met Superintendent of Police, Hisar, who sent their application to Nodel Cell but the Cell did not investigate this case properly. Then a complaint was filed by the complainant. The accused were summoned and the complaint was committed to the Court of Session.

(3.) Finding prima facie case, the accused-appellant and other co-accused were charge-sheeted under Sections 120-B, 498-A read with Section 120-B IPC and 304-B IPC, to which they pleaded not guilty and claimed trial.