DEVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Rohtak, dated 9/09/1986, whereby Devinder, Kapoor Singh and Smt. Murti were convicted under Ss. 498A and 306 of the Indian Penal Code. Smt. Murti was released on probation of good conduct for a period of three years on her furnishing personal bond in the sum of Rs. 5,000/ - with one surety in the like amount, whereas, Devinder and Kapoor Singh were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/ - each under S. 498A of the Indian Penal Code. In default of payment of fine they were ordered to undergo further rigorous imprisonment for six months. Both of them were further sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000.00 each under S. 306 of the Indian Penal Code. In default of payment of fine, they, were ordered to undergo further rigorous imprisonment for 2 1/2 years each. The substantive sentences of imprisonment were ordered to run concurrently.

(2.) In brief facts of the prosecution case as emerge from the first information report recorded on the basis of the statement of Dalip Singh PW on 25-4-1985 are that he had two children. Ram Chander PW is his eldest son whereas Mahle his daughter was the youngest. The latter was married to Devinder accused about 6 or 7 years prior to the present occurrence. He had given sufficient dowry to his daughter. After one year of the marriage his daughter Mahle started visiting her matrimonial home. In the beginning there was no complaint and she continued her visits to the house of her in-laws for one or two years. Mahle since deceased complained to him that her mother-in-law Mst. Murti and her husband Devinder taunted her for bringing inadequate dowry and that she belongs to a poor family. Ultimately the matter was referred to the Panchayat and Mahle came back to her parental house. After some days mother of the deceased expired. Dalip Singh did not want to keep his young daughter all alone at his house. Mst. Murti her mother-in-law came and took Mahle to her house. Ram Chander PW was sent to enquire about the welfare of Mahle who went and complained but was pacified by her brother Ram Chander. The accused, however, did not allow Mahle to live in peace and taunted for not bearing any child and sought divorce. About two years prior to the present occurrence marriage of Ram Chander was solemnised. Mahle and her husband Devinder accused attended that marriage. After the said marriage Mahle stayed at her parental house for sometime. Thereafter, Devinder accused himself came and took her to his house. The deceased, however, continued making complaints about the mal-treatment meted out to her. After sometime Ram Chander PW was blessed with a son. On that occasion, only Mahle came to her parental house. Customary gifts including gold ornaments were given by Dalip Singh to his daughter, who stayed with her father for about 4/5 months. Ram Chander PW again went and asked Mst. Murti and Devinder accused to bring Mahle but they were not willing to do so and remarked that it was no use taking Mahle to her matrimonial house when she could not bear a child. Thereafter, Dalip Singh PW along with Devi Dutt, Ex-sarpanch, Kartar and Ranjit went to the village of the accused and collected a Panchayat from that village also. They persuaded and reprimanded the accused and Devinder Singh accused agreed to bring back his wife Mahle. 10/12 days thereafter, Devinder accused came to the house of Dalip Singh PW and wanted to take back Mahle but she was not sent as it was already 4 p. m. During this period parents of Devinder appellant also came to take their daughter-in-law but she was not sent along with them. Thereafter, the accused brought Panchayat from their village and assured that their behaviour towards Mahle would be fair. On this assurance, Mahle was again sent to the house of her in-laws. After a period of 10 / 12 days Ram Chander PW was sent to the house of the accused in order to enquire about the welfare of Mahle who informed Dalip Singh that she was alright and there was no ill-will against her. After another two days, Kapoor Singh accused came to the house of Dalip Singh PW and informed that his daughter was seriously ill. Thereafter, on 18-4-1985 Dalip Singh along with others including Ranbir Singh went to the house of the accused in order to enquire about the welfare of his daughter. On reaching the said village, it was found that his daughter was quite well. On 23-4-1985, Dalip Singh PW again went to the village of the accused and found that his daughter was alright. However, at night Dalip Singh received information through police that his daughter had been admitted to Medical College and Hospital, Rohtak because she had eaten something and had expired. Dalip Singh, Kartar Singh, and Dharmpal went to the said Hospital and identified the dead body of Mahle in the mortuary. According to Dalip Singh his daughter had died as a result of taking some poison due to harassment by husband and parents-in-law because of inadequacy of dowry. After completion of the investigation, the accused were challaned, tried, convicted and sentenced as stated earlier.

(3.) Post-mortem examination on the dead body of Mahle was conducted by panel of doctors including Dr. B. P. Sharma, P.W. 2 on 25-4-1985 at 4.30 p.m. and the said doctor found four injuries mainly contusions including two injuries on the right thigh. Visceras were also sent for analysis to the Chemical Examiner who opined that the deceased died due to intake of aluminium phosphide poisoning.