KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present Criminal Appeal is to the order of conviction and sentence recorded by Additional Sessions Judge, Kaithal vide judgment/order dated July 15, 1995 and July 19, 1995 respectively, whereby all the appellants were convicted under Sections 498-A/304-B IPC. Pushpa Rani and Kailash Rani were given the benefit of Section 4 of the Probation of Offenders Act and they were released on probation of good conduct for a period of one year on their furnishing personal bonds in the sum of Rs. 5,000/- with one surety each in the like amount on the condition that they shall keep peace and be of good behaviour during the said period and shall receive sentence as and when called. Veena Rani and Manju Bala were sentenced to undergo rigorous imprisonment for a period of three years each under Section 304-B IPC. They were also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each under Section 498-A IPC. Both the sentences were ordered to run concurrently. Krishan Lal, Om Parkash and Puran Parkash were sentenced to undergo rigorous imprisonment for a period of seven years under Section 304-B IPC. They were also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month under Section 498-A IPC each. In their case also, both the sentences have been ordered to run concurrently.

(2.) IN the context of limited arguments that have been raised in support of the appeal, the brief facts of the case are that Poonam was married to Krishan Lal appellant on May 4, 1992. On June 2, 1992, she was admitted in the hospital due to taking of poison. The doctor sent a rukka Exhibit PK/2 at 9.40 A.M. to Police Station City, Kaithal. ASI Sawaran Singh along with Shri N.D. Achint, Judicial Magistrate Ist Class, Kaithal visited twice the Civil Hospital, Kaithal for recording the dying declaration of Poonam. Poonam was in a serious condition. She could only state that she had taken poison and be became unconscious. The dying declaration recorded by Shri N.D. Achint, PW-1 are Exhibit PG/1 and PG/2. On both the occasions, she could only state that she had taken poison and then became unconscious. However, her detailed statement Exhibit PL/3 was recorded by the police which was attested by Dr. Ashok Kumar wherein she has stated that she had taken one tablet which is put in the wheat; that nobody had quarreled with her and that she had taken the tablet at 7 A.M. Information was sent to Bhagwan Dass, father of the deceased. He came and his statement Exhibit PF was recorded by the Police.

(3.) BHAGWAN Dass further stated in his statement that Poonam told him that her sisters-in-laws and wives of her husband's brothers taunted her that she had not brought even Television and Refrigerator. He told Poonam that if these were needed for her better life, he could purchase the same by raising loan but Poonam being educated replied that how long would he meet their demands. The house in which all the three brothers resided was sufficient only for one family. Krishan Lal and others also owned another house in Arjan Nagar but they did not live there. Both the brothers of Krishan Lal were running a shop in their residential house. The mother-in-law of Poonam made it clear that one of the families should shift to the house in Arjan Nagar. The brothers of her husband and their wives also levelled allegations against her that she had induced her mother-in-law for the same. He advised Poonam that they should reside in their house peacefully with love and affection. Poonam replied that she might die but would never brother him.