ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Pushpa, daughter of Bahadur Chand, resident of village Kalanaur was married to Ashok Kumar appellant about 3 years before her death. After some time of the marriage, Ashok Kumar and his parents started making demands for more dowry from Pushpa deceased. They were constantly nagging her to bring more money from her parents for investment in the business of her husband. A demand for cash and television was also made. 1 months before the occurrence, Smt. Pushpa was at her parents' house at Kalanaur. Ashok Kumar appellant had gone there to take her to Hassangarh. At that time he had promised to Bahadur Chand not to harass Smt. Pushpa. He promised to treat her well. Bahadur Chand P.W.13 and his son Chaudhary Lal PW-1 were staying at Behrampur in Madhya Pradesh, where they were doing business of selling cloth as hawkers.

(2.) The case of the prosecution is that Smt. Pushpa died on 5th Jan., 1983 at Hassangarh, District Rohtak, in the house of her husband. Jiwan Dass father of Ashok Kumar was present at his shop on that day when the young daughter of Jiwan Dass informed him about the death of Smt. Pushpa. Prem Raj PW-12, who runs a Halwai shop in the vicinity of the shop of Jiwan Dass, heard that information when it was being conveyed to Jiwan Dass. Jiwan Dass rushed to his house. Prem Raj also followed him. Prem Raj found the door of the house of the accused chained from inside. Many people had collected there. By scaling over the wall of the neighbour's house, he saw Smt. Pushpa lying dead in the compound covered with a cloth. She had died of burns. Jumping into the house of the accused, he opened the door. Pushpa was later cremated.

(3.) A letter was written by the father of the appellant in the name of Bahadur Chand at his address at Kalanaur informing him about the death of Pushpa. It was intimated that ashes of Pushpa were to be collected on 8th Jan., 1983. On receipt of this letter, the mother of Pushpa and other ladies started wailing and crying. This attracted Kala Ram PW-2. On reading this letter, Kala Ram sent a telegram to Bahadur Chand at Behrampur in Madhya Pradesh. He accompanied by Sham Dass, Narsing Dass and three females went to Hassangarh for condolence and to join in the collection of the ashes of the deceased. Going there they found that the ashes had been collected on 7th Jan., 1983. They also found the ladies of the house of the accused sitting on cots, which was not a usual custom in that community on such occasions. It is further stated by the witnesses that the female relatives of Pushpa, who had gone for condolence from Kalanaur, were roughly treated by the inmates of the house of the accused and were not permitted to enter the house. At that time Jiwan Dass accused made a confession to Kala Ram PW stating that because of a quarrel in the house he and his co-accused gave a beating to Pushpa, who died as a result of violence. Her body was then burnt in the house with Kerosene oil. Her dead body was then taken to cremation ground and cremated there.