LAWS(P&H)-2004-9-7

DALIP KUMAR Vs. STATE OF HARYANA

Decided On September 14, 2004
DALIP KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Appellant along with his father Kirpal Chand, mother Bhagwani Bai and Ram Sarup were put to face trial for commission of offences under Sections 498A and 304B/34 IPC. All the three persons named above, were acquitted, however, trial Court found appellant guilty for commission of an offence under Section 304B IPC. Accordingly, he was convicted and sentenced to undergo RI for a period of seven years. Hence, this appeal.

(2.) FIR in this case was recorded at the instance of Lal Chand, father of the deceased. As per prosecution story, marriage of Kanta Rani Madhu Bala was solemnised with appellant/accused on 21.2.1988. Thereafter, she started living with her inlaws. It is further case of the prosecution that at the time of marriage, sufficient dowry was given to the appellant and his family members. They, being greedy persons, used to demand more dowry items, again and again. He asked for a tempo/money to purchase the same from the complainant, which the complainant, due to his meagre financial resources, failed to pay to the appellant. Due to this reason, all family members had been maltreating his daughter. She had written letters to the complainant that her inlaws were very greedy people and they were demanding money from her for the purchase of tempo.

(3.) In the month of June, 1989, appellant alongwith his wife Kanta Rani had gone to village Nehlas to attend marriage of a relatives daughter. Even at that time, appellant demanded from the complainant money to purchase a four wheeler, failing which it was told that the complainant may keep his daughter in his house. On refusal, appellant left his wife and she was taken to her parents house at Ludhiana, where she lived for a month. She was taken back by the appellant/accused when he received a message of the complainant that if his daughter is not taken immediately, he will be compelled to initiate legal proceedings against appellant and his family members. Even thereafter, attitude of inlaws family did not change. They continued to harass the deceased and demand money for purchase of a four wheeler.