MANOHAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants in the two appeals were tried and convicted on a charge for offence under Sections 498-A and 304-B of the Indian Penal Code for cruelty to and dowry death of Mst. Sunita by the learned Additional Sessions Judge, Hisar. Each one of them was awarded, two years rigorous imprisonment on the first count while on the second count. Phuli Devi was awarded seven years rigorous imprisonment and rest of the appellants imprisonment for life. Both the sentences were ordered to run concurrently. Feeling aggrieved against their conviction and sentence, Manohar Lal appellant has preferred Criminal Appeal No. 121-DB of 1992 while the remaining appellants had come up in Criminal Appeal No. 181-DB of 1992. Both these appeals shall be disposed of by this order as these arise out bf same judgment of trial Court and rest upon the same evidence.

(2.) In brief, the facts of the prosecution case are, that Mst. Sunita deceased daughter of Ram Chander P.W. 8 of village Nangthala was married with Krishan Lal on 25.6.1989. Dulla Ram and Mst. Phuli Devi are her parents in law while Rajbir is her husbands younger brother and Manohar Lal is son of Dhulla Ram appellant. Mst. Geeta younger sister of the deceased was also married on that very day with Rajbir but her Muklawa ceremony was not performed. The deceased started residing with her husband Krishan Lal at her husbandTs house in village Bhodia Khera. Ram Chander P.W. had performed the marriages of his daughters according to his social status. However, the husband and in laws of the deceased were not satisfied with the dowry given on the occasion of marriage of deceased and they used to taunt her that her parents had not given her good clothes and scooter. Manohar Lal accused used to instigate the other co-accused to desert both Sunita and Geeta and that he would arrange re-marriage of Krishan Lal and Rajbir in some rich family and get them handsome dowry. The deceased used to apprise her parents of the above taunts whenever she visited them.

(3.) On 27.5.1990, Ram Chander alongwith his brother-in-law Hazari Lal went to village Bhoadia Khera for fetching Sunita on the occasion of Muklawa ceremony of Mst. Geeta. Krishan Lal husband and in-laws of the deceased then represented that no scooter was given on her marriage but they must arrange a scooter on the Muklawa ceremony of Mst. Geeta but Ram Chander expressed his inability to do so due to financial constraints. The Muklawa ceremony of Mst. Geeta was performed on 12.6.1990 when Krishan Lal, Rajbir, Manohar Lal and Dulla Ram accused came to the house of Ram Chander and demanded a scooter. Kirpa Ram, grand-father, Chabbila Ram and Hazari Lal maternal uncles of deceased then expressed their inability to arrange a scooter due to poverty. Mst. Sunita was then expecting a child. All the accused then took Mst. Sunita and Mst. Geeta. A week thereafter, Mst. Geeta came to her parents house and informed that her mother-in-law, father-in-law, Manohar Lal Nandoi and Krishan Lal were demanding a scooter and that they were taunting her and her sister on this score. Ram Chander then thought of convening a panchayat but due to some reason, he could not do so. Subsequently on 29.6.1990 at about 2 p.m. Dulla Ram accused came to the house of Ram Chander P.W. and apprised him of his daughter Sunita having died last night from some ailment. Upon this Ram Chander, along with his father Kirpa Ram, uncle Chabbila Ram and cousin Bir Bhan accompanied Dulla Ram accused to his house at village Bhodia Khera and saw the dead body of Mst. Sunita having a mark of injury on her right temple. She was bleeding from her nose. On this, they became suspicious and enquired from the accused as to what had happened. The latter failed to give any satisfactory reply. Thereafter leaving Kirpa Ram, Bir Bhan and Chhabbila Ram at the spot to guard the dead body of Mst. Sunita, Ram Chander P.W. left for Police Station Fatehbad and lodged report Ex. PF with Sub Inspector Mange Ram at 7.30 P.M. A case under Sections 304B/ 498-A of the Indian Penal Code was registered against all the accused. The special report was sent through Constable Suresh Kumar to the Ilaqa Magistrate on the same evening at 10.00 p.m. Sub Inspector Mange Ram then started with the investigation of the case and rushed to the spot. He summoned Subhash Chander photographer and got the dead body photographed. He prepared inquest report Exhibit PH of the dead body of Mst. Sunita. The dead body was entrusted to Constables Ishwar Singh and Bhagi Ram for autopsy. He also prepared rough site plan Ex. PJ of the place of occurrence during night in the electric right. Blood lying beneath the cot, two bangle pieces and blood stained BanT of the cot were also seized after putting these in separate sealed parcels. He also recorded the statements of Kirpa Ram, Hazari Lal and other witnesses. He found the accused absconding.