JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Section Judge, Rohtak, dated 4/6.12.1991, whereby both the appellants were convicted under Section 304 -B of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years. The appellants were further convicted under Section 498 -A of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for two years. Both the substantive sentences of imprisonment awarded to each of the appellants were ordered to run concurrently.

(2.) IN brief facts of the prosecution case are that marriage of Sunita (deceased) with Jaswant Singh appellant was solemnised in 1986. Both Jaswant Singh and his mother Chandrawati used to harass and beat Sunita for not bringing sufficient dowry. Jaswant Singh left Sunita at the house of her parents where she lived about a year or so. On 13.12.1989, Jaswant Singh appellant and his sister Sheela and latter's husband went and brought Sunita after giving assurance that she would not be maltreated. On 17th January, 1990, Sunita was brought to the house of her perents by her brother Krishan, as their father Suraj Mal was seriously ill and later died soon thereafter. Sunita complained to her mother that the appellants made demands of tempo and buffalo as her parents were rich and had sold land worth Rs. 4,00,000.00. On 9th February, 1990 Jaswant Singh appellant came to the parental village of Sunita and informed her brother Raj Singh that Sunita was admitted in Medical College, Rohtak as she had developed stomachache and in spite of medication her condition had not improyed. As Ram Roshni had gone to her parents house in village Phungana (U.P.) Raj Singh PW first went and brought his mother, uncle and latter's wife to Delhi. There Hari Chand another relation was joined and they went to Medical Hospital, Rohtak where they found that Sunita had died by consuming poisonous tablets. Ram Roshni mother of Sunita went and lodged the first information report with the police at Police Station, Sampla at 5.30 P.M. on 10.2.1990 which was completed by 6.30 P.M. Special report reached the llaga Magistrate at 8.15 P.M. on the same day. Post -mortem examination conducted on the dead body of Sunita on 10.2.1990 at 2.30 P.M. and the report of the Chemical Examiner concerning the viscera of deceased revealed that Sunita died due to intake of aluminium phosphide poison. After completion of their investigation both the appellants were, challaned, tried, convicted and sentenced as stated earlier.

(3.) THE learned counsel for the parties were heard.