BALJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Baljit has directed the present appeal against the judgment dated 2.12.1998 and order 4.12.1998 passed by learned Additional Sessions Judge, Sonepat vide which the accused/appellant has 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 three years and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) Briefly stated the case of the prosecution is that Saroj was married to accused Baljit about five and half years ago (from the date of occurrence) and immediately after the marriage, all the accused started harassing and beating Saroj for not bringing sufficient dowry in the marriage. Complainant party tried to satisfy the demands of the accused. At one time, they handed over two buffaloes and at another time a second hand Maruti Van worth Rs.65,000/- and on another occasion they paid Rs.20,000/- in cash in the presence of Balbir Singh. The said amount was borrowed from PW Indirawati. About a month prior to the reporting of the matter in question, the accused raised another demand of Rs.50,000/- which could not be satisfied by the complainant or by the deceased and for this reason the accused started harassing and humiliating the deceased and even extended threat to kill her.

(3.) It has been further alleged that on 18.10.1994, Dalbir, brother of the deceased received information from a person resident of village Mehmoodpur that Saroj was seriously ill and called him. On going to village Mehmoodpur Dalbir Singh came to know that his sister had been killed in the fields of accused. Complainant went to the house of the accused and saw the dead body of Saroj lying in the room of a tubewell. The matter was reported to the police Station Gohana on 25.10.1994. On the basis therefore formal FIR was registered and investigation commenced. The investigating officer prepared the site plan. Statements of the witnesses were recorded and the accused was arrested on 31.10.994. Autopsy on the body of deceased Saroj was done on 19.10.1994. After completion of the necessary investigation, challan against the accused was presented in the Court for trial of the accused.