DHANANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment of conviction dated 06.12.2003 and order of sentence dated 10.12.2003 passed by learned Additional Sessions Judge (Ad hoc), Faridabad whereby appellant has been convicted and sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.1,000/-, in default of payment of fine to further undergo imprisonment for a period of two months under Section 498-A IPC and to undergo imprisonment for a period of five years and to pay fine of Rs.2,000/-, in default of payment of fine to further undergo imprisonment for a period of four months under Section 306 IPC, in a case arising out of FIR No.593 dated 14.11.2000 registered under Sections 498-A/306 IPC at Police Station Old Faridabad.

(2.) Brief facts for disposal of the present case are to the effect that Sham Sunder brother of deceased Asha filed a complaint that marriage of his sister was solemnized with the appellant/convict on 04.02.1991 according to Hindu rites and sufficient dowry was given at the time of marriage. After marriage, two daughters, namely, Kanchan and Gullu were born. The appellant/convict used to harass his sister on account of demand of dowry and would also made a demand of cash amount. On 04.10.2000, deceased came to the house of complainant at Jind to take money on the asking of appellant, who had purchased a plot. Complainant and his parents had arranged an amount of Rs.40,000/- from different sources and gave the same to his sister, who left Jind for Faridabad on the day of Dashehra. On 08.10.2000 a telephonic message was received from the neighbour of deceased Asha that she had consumed some poison and was admitted in Escorts Medical Centre. Immediately thereafter, complainant and his parents left for Faridabad and on reaching EMC, Faridabad, they found that his sister was lying unconscious and later on expired at about 9.30. p.m. It is further alleged that he made complaint dated 14.11.2000 in writing to the police and had also handed over to them three letters out of which two were written by deceased and one by Kanchan daughter of deceased. The appellant was arrested on 15.11.2000 and final report under Section 173 Cr.P.C. was put in Court on 22.12.2000. The case was committed to Sessions on 18.05.2001. Charge under Sections 498-A/306 IPC was framed against the appellant/convict on 01.08.2001, to which he pleaded not guilty and claimed trial.

(3.) Statement of the appellant/convict was recorded under Section 313 Cr.P.C. and all the incriminating material coming on record was put to him. Appellant/convict denied all the allegations and took a defence that he was innocent and that he and his wife were having cordial relations. She had taken poisonous tablets accidently but she had no intention to end her life. He had performed her last rites as per Hindu rites. In defence appellant/convict examined Satte Singh as DW1. Trial Court, after appreciating all the evidence on record, convicted and sentenced the appellant as aforesaid vide impugned judgment. Hence, this appeal.