SHAMO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order 1.5.1992 passed by learned Additional Sessions Judge, Panipat vide which appellants Smt. Shamo and Ramesh Kumar have been sentenced to undergo R.I. for 7 years under Section 304-B/34 IPC.

(2.) THE case of the prosecution is that Premo daughter of Patia Ram was married with accused Ramesh Kumar about 4-1/2 years prior to 26.9.1990 i.e. the date of occurrence. On 26.9.1990, Patia Ram complainant came to know that his daughter was ill. He went to Panipat to see Premo. On reaching the house of Premo, he found that she was lying dead after having received burn injuries. While Patia Ram was proceeding to lodge the report in Police Post Kishan Pura, Police Station City Panipat, ASI Hari Singh met him and he made a statement Ex.PC. In his statement, Patia Ram had disclosed that sufficient dowry was given at the time of marriage of Premo but after 1/1-1/2 months of the marriage, the accused persons have started harassing and torturing Premo and they gave beating to her because they were not satisfied with the dowry articles. Premo was turned out of her matrimonial home by the accused persons and she came to the house of the complainant-Patia Ram. Premo narrated that the accused would only keep her in the house, if she would bring Rs. 5,000/- in cash. This fact was disclosed by Premo in the presence of Jangpal, Nihal Chand and Smt. Mewa. On the basis of statement of complainant, FIR was recorded.

(3.) ON commitment, the case was entrusted to Additional Sessions Judge, Panipat for trial. The accused were charge-sheeted under Section 304-B read with Section 34 IPC, to which they pleaded not guilty and claimed trial.