BANWARI LAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were convicted under Section 304-B IPC by the Sessions Judge, Faridabad and were sentenced to undergo rigorous imprisonment for 7 years alongwith fine of Rs. 500/- each. In default of payment of fine they were to undergo 2 months rigorous imprisonment.

(2.) Brief resume of facts: Preeti was married to Mahesh Kumar on 27.01.1999. She gave birth to a son in October 1999. Preeti called up her brother Lalit and told him that she was being harassed and tortured by her mother-in-law, since she had purchased some articles from the market and she was threatening to set her on fire, if she did not obey her mother-in-law. Lalit calmed her down and promised to visit her in-laws house the next day. Lalit received a call the next day at about 12.30 p.m. from his aunt and was told that Preeti had died of burn injuries. The unfortunate incident occurred on 10.02.2001. Lalit alongwith his uncle Murari Lal and Deep Chand found the dead body lying near the gate. The SDM had been called to attest the statement Ex. PA. The police registered the formal FIR Ex. PA/2 under Section 306 IPC. Investigations were completed and the challan was filed against the husband, mother-in-law and father-in-law under Sections 304-B, 406, 34 IPC.

(3.) The case was committed to the Court of Sessions and charge was framed under Section 304-B IPC. The prosecution in order to establish its case examined 9 witnesses. In the statement recorded under Section 313 Cr.P.C., the in-laws made a statement that they were living separately and there was no demand of dowry and they had been falsely involved in order to black-mail them. The husband took the plea that he was living separately from his parents and he already possessed a Scooter, T.V. and Refrigerator prior to his marriage. He stated that his wife was sensitive and wanted to move to a bigger city and he did not agree and she fell depressed and committed suicide.