SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) COMPLAINANT Suresh, brother of deceased Archana w/o Anand, has filed this appeal against judgment dated 19.1.2013 passed by learned Additional Sessions Judge, Hisar vide which accused Gulshan, Deepak, Shakuntla, Anju w/o Deepak, Manju w/o Gulshan and Kamla wife of Rohtash have been acquitted of the charges under Sections 498 -A/304 -B read with Section 34 IPC and in the alternative under Sections 302/34 IPC.

(2.) THE prosecution case is that Archana (deceased) was married with Anand son of Shyam Babu on 17.4.2009 according to Hindu rites and ceremonies. It is alleged that after the marriage, mother -in -law Shakuntla, husband's maternal aunt Kamla wife of Satya Parkash, brothers -in -law Deepak and Gulshan and their wives Anju and Manju started harassing her for bringing insufficient dowry despite the fact that sufficient amount was spent on the marriage as per the status of family of the deceased. On 22.1.2010 at about 8/8.30 a.m., Archana was cooking meals in the kitchen. In the meanwhile, her brothers -in -law Gulshan and Deepak, their wives Anju and Manju, mother -in -law Shakuntla and husband's maternal aunt Kamla came there. Brothers -in -law and their wives caught hold of Archana while her mother -in -law sprinkled kerosene oil on her and Kamla set her on fire by igniting match stick. Archana cried for help on which her brothers -in -law and their wives ran away. Many neighbourers assembled there and her mother -in -law started pouring water on her to douse the flames. She was taken to the hospital by the neighbourers. On receiving intimation, ASI Sobha Chand visited Soni Hospital, Hisar on 22.1.2010 and moved application to the doctor for obtaining his opinion regarding the fitness of the patient to make statement. The doctor opined that patient is unfit to make statement. Again on 23.1.2010, ASI Sobha Chand went to the Hospital and sought opinion of the doctor regarding fitness of Archana to make statement. The doctor declared her fit to make statement. ASI Sobha Chand then intimated SI Ram Singh, Incharge Police Post Cantonment, Hisar on which SI Ram Chand reached the Hospital and recorded the statement of Archana Ex.PK. Archana ultimately succumbed to the injuries on 31.1.2010. Post mortem of the dead body was conducted.

(3.) AFTER completion of the investigation, challan was presented against accused Gulshan, Deepak and Shakuntla only under Sections 498 -A,304 -B read with Section34 IPC. After the part examination of SI Ram Singh and on the application of the prosecution, Anju, Manju and Kamla were summoned as accused under Section 319 Cr.P.C. All the accused were charge -sheeted under Sections 498 -A, 304 -B read with Section 34 IPC and in the alternative under Sections 302/34 IPC. Prosecution in support of its case, examined as many as 11 witnesses.