OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were tried for offences under Section 304 -B read with Section 34 IPC and Section 498 -A read with Section 34 IPC. Vide judgment and order dated 11/12.2.2000, Additional Sessions Judge -II, Jind convicted them for the aforementioned offences and sentenced them to undergo rigorous imprisonment for seven years under Section 304 -B read with Section 34 IPC. They were also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/ - each under Section 498 -A read with Section 34 IPC and in default of payment of fine, to further under rigorous imprisonment for three months. Both the substantive sentences were ordered to run concurrently.

(2.) THE facts leading to the conviction and sentence of the appellants are that on 31.8.1998 at about 5.30 a.m., complainant Sham Lal made a statement before ASI Ajmer Singh, on the basis of which FIR No. 242 dated 31.8.1998 under Sections 498 -A, 304 -B read with Section 34 IPC was registered at Police Station Sadar, Narwana. In his statement, the complainant mentioned that his sister Kiran Bala was married to accused Om Parkash about four years ago. At the time of her marriage, her father Ishwar Dayal had given sufficient dowry as per his capacity. However, accused Om Parkash started harassing Kiran Bala on the ground that her parents had not given dowry as per promise. Besides, clothes and ornaments were also not given to his parents. His parents, namely, Thandi Ram and Meli Devi also started harassing Kiran Bala on account of bringing inadequate dowry. When Kiran Bala visited the house of the complainant, she informed him about the maltreatment meted out to her by the accused and also stated that she was not happy with the behavior of the accused. She even told the complainant that instead of marrying her to accused Om Parkash, her parents should have killed her. Whenever Kiran Bala visited her parents' house, her parents and brother used to give her more articles but even then the accused kept on harassing her and giving her beatings. Kiran Bala told the complainant that either she would take poison or set herself on fire on account of maltreatment of the accused. On 30.8.1998, the complainant received information on telephone that Kiran Bala had committed suicide by setting herself on fire due to harassment at the hands of the accused. The complainant alongwith his father Ishwar Dayal and others went to the house of the accused where they found the dead body of Kiran Bala. The complainant also apprised the police that he had received letters from his sister before her death which were in his possession. He, accordingly, prayed for taking appropriate action against the accused.

(3.) AFTER completion of the investigation, the police presented the challan against the accused. Copies of the same were supplied to them. The case was committed to the Court of Sessions. Subsequently, the accused were charged as mentioned above, to which they pleaded not guilty and claimed trial.