JAGRAM ALIAS JAGGU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by accused appellants Jagram alias Jaggu and Smt. Bhagwani, against the judgment and order dated 19.9.1995 passed by Additional Sessions Judge, Sonipat, convicting the accused appellants under Section 304-B IPC and sentencing them to undergo RI for 10 years each for the said offence under Section 304-B IPC.

(2.) As per the case of the prosecution, on 17.5.1994 at 3.30 p.m. Harphul Singh PW had made statement Exhibit PC before SI Sukhbir Singh SHO, at Sisana Adda. In the said statement, it was alleged by Harphul Singh PW that he was a resident of New Roshanpura Nazafgarh, Delhi and was running a shop at Delhi and that they were four brothers and he was the youngest and that he had three sisters of whom Smt. Dayawanti alias Premo deceased was the youngest and was aged 24 years and it was alleged that the marriage of Smt. Dayawanti alias Premo deceased had taken place five years back with accused Jagram alias Jaggu and that in the said marriage they had given sufficient dowry as per their capacity but accused Jagram alias Jaggu and his mother Bhagwani accused were not satisfied with the said dowry and since then both the accused had been harassing his sister Smt. Dayawanti alias Premo deceased for having brought insufficient dowry. It was alleged that in the year 1990, he had given Rs. 4000/- to accused Jagram, but in spite of that whenever his sister used to come to their house, she used-to tell them that her mother-in-law Bhagwani and her husband Jagram were compelling her to bring TV and fridge. It was alleged that about 20 days back, his sister Smt. Dayawanti alias Premo had come to their house at Nazafgarh and had told him that her mother-in-law Bhagwani and her husband Jagram. accused had told her that whenever she would come to their house, she must bring scooter from her mother and her brothers otherwise, they would continue harassing her. It was alleged that his sister stayed with him for about 15 days and that on 11.5.1994 accused Jagram alias Jaggu had come to their house and he had assured him (hat he would give him scooter within 15 days and that he should not harass his sister, whereupon accused Jagram alias Jaggu took his sister Smt. Dayawanti alias Premo with him to his village Mauzam Nagger but in spite of that both the accused, namely, Bhagwani and Jagram alias Jaggu continued harassing Smt. Dayawanti alias Premo for not bringing scooter and TV and it was further alleged that on that day i.e. on 17.5.1994, he (Harphul Singh) was present in his house when Tariff Singh and Molar, residents of Mauzam Nagger told him that his sister Smt. Dayawanti alias Premo had fallen in the well and had died, whereupon he along with Mehar Singh Media Ram and Dull Chained, resident of Nazafgarh came to village Mauzam Nagger and they found the dead body of his sister Smt. Daya-wanti alias Premo lying near the well. It was alleged that his sister Smt. Dayawanti alias Premo had committed suicide by jumping into the well on account of harassment used to her by accused Jagram alias Jaggu and Smt. Bhagwani for having brought insufficient dowry. SI Sukhbir Singh SHO, after recording the aforesaid Statement Exhibit IC of Harphul Singh PWS, sent the same to the Police Station with his endorsement Exhibit PC/i on the basis of which formal FIR Exhibit PC/2 was recorded in Police Station Kharkhoda at 4.15 p.m. on i7.5.1994 under Sections 498-A and 304-B IPC. SI Sukhbir Singh had gone to the place of occurrence and had prepared inquest report Exhibit PB and had also prepared rough site plan Exhibit P1 of the place of occurrence. He also sent the dead body for post mortem examination through police constable Jagbir Singh. On 23.5.1994 ASI Ram Chander arrested accused Bhagwani while accused Jagram alias Jaggu was arrested on 25.5.1994. After completion of the investigation, the challan was submitted in the Court.

(3.) Both the accused were charged under Section 304-B IPC to which charge they pleaded not guilty and claimed to be tried. The prosecution produced its evidence. Thereafter, the statements of the accused under Section 313 Cr.P.C were recorded of the accused under Section 313 Cr.P.C. were recorded in which they denied the prosecution allegations against them and stated that they were innocent and had been falsely implicated in this case. In their defence accused Jagram alias Jaggu himself appeared in the witness box as DW1 while accused Smt. Bhagwani herself appeared in the witness box as DW2. They also examined DW3 Bhag Singh, DW4 Santra, DW5 Lichho, DW6 Jee Ram and DW7 Dharam Singh.