RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ravinder Kumar, who was tried along with his co-accused Sudbir Kumar and Shanti Devi, has since been held guilty for offences under Sections 304-B and 498-A of Indian Penal Code and sentenced to undergo rigorous imprisonment for a. period of seven years under Section 304-B of Indian Penal Code and one year rigorous imprisonment under Section 498-A of Indian Penal Code as also to pay fine of Rs. 500/- and in default thereof, to further undergo rigorous imprisonment for a period of two months, vide order dated 15-4-1993. His co-accused, namely, Sudhlr Kumar and Shanti Devi, have, however, been acquitted. Ravinder Kumar, through present appeal filed by him, challenges the order of conviction and sentence recorded by learned Additional Sessions Judge, Ambala.

(2.) The appellant along with his co-accused was tried for the offences, referred to above, OH the basis of prosecution version, which was unfolded by Rajinder Nath Bansal, who, in the FIR lodged by him on 8-4-1991, stated that he had retired from the Haryana Government and had two sons and three daughters. Amita was married about three years ago with appellant Ravinder Goyal son of Prem Sagar Goyal, resident of Panchkula, Amita was, however, blessed with no child. After the marriage, motherin-law of Amita, Shanti Devi, appellant Ravinder Kumar and brother-in-law of Ravinder Kumar, namely, Sudhir Kumar. were not behaving well with his daughter and on small matters, they used to taunt her. From their side, whatever clothes etc. were given on the occasions, the same were criticized and Amita had told them that they were troubling her. Every time Amita was counselled and told that they were helpless. On number of occasions, these persons left Amita on scooter car etc. with them late at night. Despite all this, they compromised the matter with them on every occasion but it remained in their mind that they were giver) less dowry. Today at about 8.30 a.m. in the morning, Ravinder Kumar accused brought his daughter Amita in a van. While the van was standing out side the house, he came to his house and told him that Amita had not taken anything since yesterday evening and her position was quite bad and asked him to call a Doctor and get her treated. The appellant told that Amita was lying in the van standing out side. They immediately went down stairs, where the van was standing and found that froth was coining from the mouth of his daughter and she was lying unconscious on which, he sent Amita to General Hospital, Sector 16, Chandigarh along with his sons Vijay Kumar and Ajay Kumar as also his wife Pushpa, in the same very van. Amita died after some time. He stated that he was sure thai his daughter had been killed by Ravinder Kumar, his mother and brother-in-law, who all conspired to give some poisonous substance. Legal proceedings should be initiated against them. On the basis of the FIR lodged by Rajinder Nath Bansal, case under Sections 498-A, 304-B, 120-B of the Indian Penal Code was registered against the appellant and his co-accused.

(3.) The prosecution in its endeavour to bring home the offence against the appel lant and his co accused examined Rajinder Nath Bansal, PW-1, who deposed in tune with the FIR lodged by him. Statement made by Rajinder Nath Bansal was corroborated by his son Vijay Kumar, who appeared as PW-2, PW-3 Anil Kumar, Inspector Police, proved the report under Section 173 of Code of Criminal Procedure whereas, Dr. M. P. Singh, who was examined as PW-4 proved the bed head ticket, Ex.PH, and deposed that Amita was taken to the hospital and on exanimation, she was found to be in - unconscious state not responding to painful stimuli and her pulse and blood pressure were not recordable. Dr. J. K. Kalra, who was examined as PW-5, proved the postmortem report, Ex. PJ and further stated that the viscera of the deceased was sent for chemical examination and on the basis of chemical examination report, cause of death in this case was opined to be consumption of organic phosphorus compound. Dr. Gurmohan Singh, PW-6. proved report. Ex. PH/1 whereas, PW-7 ASI Avtar Singh gave details of the investigation conducted by him.