GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment, I will dispose of Criminal Appeal No. 517/SB of 1986 and Criminal Revision No. 1216 of 1986, as these have arisen out of the same judgment of conviction and rest upon the same evidence.

(2.) Gopal appellant has filed Criminal Appeal No. 517/SB of 1986 against the judgment of conviction and the order of sentence, both dated 4-8-1986 passed by the learned Additional Sessions Judge, Hisar whereby the appellant has been convicted for an offence under Section 306, I.P.C. for causing the death of Smt. Sheela and as a result thereof, sentenced to undergo RI for seven years and fine of Rs. 10,000.00. In default of payment of fine, the appellant was further ordered to undergo RI for three years. Smt. Parmeshwari co-accused of the appellant was, however, acquitted by the trial Court vide the aforesaid order. Criminal Revision No. 1216 of 1986 was filed by Sumer Chand PW for enhancement of sentence awarded by the trial Court.

(3.) The prosecution allegations in brief are that Smt. Sheela deceased in this case was the sister of Sumer Chand PW 4. Smt. Bhola Devi is their mother. Smt. Parmeshwari is the mother of Gopal appellant to whom Smt. Sheela deceased was married on 24-4-1983 at village Chausala. At the time of the marriage of Smt. Sheela deceased, her parents had spent about Rs. 25,000/. After twenty days of the marriage, Gopal appellant went to Sumer Chand PW 4 and asked for Rs. 200.00 for investing the same in the Canteen. Sumer Chand PW 4 gave the said amount to Gopal appellant. About 2 1/2 years thereafter, Om Parksh, father of Gopal appellant went to Sumer Chand PW 4 from whom he took Rs. 100/-. After the marriage, Gopal appellant along with the deceased used to go to his in laws with a view to get something or the other. In August, 1983, when Smt. Sheela deceased visited her parents for the second time, they had spent an amount of Rs. 3,000.00 on Dusar ceremony. However, the in-laws of Smt. Sheela deceased used to taunt her that her parents had done nothing in their marriage whereas other people were ready to spend Rs. 50,000.00 or Rs. One lac on the marriage of Gopal appellant. Gopal appellant and his parents used to threaten the deceased to be divorced because she was of dark complexion and also with a view to extort more money from them. In December, 1984, Gopal appellant went to his in-laws at Bhuna and asked for a woollen suit. Sumer Chand PW 4, however, expressed his inability to meet this demand. On that very night, the deceased told her brother Sumer Chand PW 4 that the purpose of her being brought by Gopal appellant was in fact to get a sum of Rs. 5000.00 from him. The deceased had then also told her brother Sumer Chand PW 4 that the purpose of her being brought by Gopal appellant was in fact to get of sum of Rs. 5000.00 from him. The deceased had then also told her brother Sumer Chand PW 4 that she would bear all this ill-treatment and that she was only worried about him (i.e. Sumer Chand PW 4). On the following day when Gopal appellant along with the deceased was leaving his in-laws house, he told the deceased that he was "DADA OF HISAR" and his name was Mangal Singh. The deceased at that time told to wife of Sumer Chand PW 4 that her brother should not be sent alone to Hisar as there was danger to his life. From there, Gopal appellant took the deceased to village Chausala where they met Smt. Bhateri, another sister of Sumer Chand, PW 4. Gopal appellant had then told Smt. Bhateri that either he should be given some money or else he would sell the saris and ornaments of the deceased. However, Smt. Bhateri had no money and as such, Gopal appellant left the deceased at the house of her sister Smt. Bhateri and told the deceased to stay there for whole of her life and that he would not come to take her. While staying with her sister, Smt. Bhateri, the deceased wrote a letter dated 29-12-1984, Ex. PE, to her brother Sumer Chand PW 4, that he should not go to Hisar and he should take-care of himself and should not forget to post letter about his well being.