RAMESH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated July 31, 1986, passed by Mrs. Nirmal Yadav, Additional Sessions Judge, Ambala, whereby she has convicted the appellants Ramesh Chander, his mother Kamla Devi, sister Indra and brother-in-law Dharampal (Husband of Indra) under Sections 306 and 498-A of the Indian Penal Code (hereinafter referred to as 'the Code' ). The appellants were sentenced to suffer three years' rigorous imprisonment and to pay a fine of Rs. 250/- each and in default of payment of fine to suffer further rigorous imprisonment for three months under Section 306 of the Code. They were further sentenced to suffer one year's rigorous imprisonment under Section 498-A of the Code. The substantive sentences were ordered to run concurrently.

(2.) LATE Mukandi Lal resident of Barwala had three sons, namely, Suresh Kumar (P. W. 4), Narinder Kumar-complainant (P. W. 5) and Manmohan Lal and a daughter Sunita (deceased ). The death of Mukandi Lal took place in 1979 and his wife had died in the year 1962. The marriage of Sunita was performed by her three brothers aforesaid with accused-appellant Ramesh Chander in the year 1981 in Village Barwala. Sunita had a daughter and a son from her husband Ramesh Chander-appellant. The case of the prosecution is that just after the marriage, the accused-appellants started harassing Sunita for bringing insufficient dowry. Sunita came to the house of her brothers and complained to them about her harassment and the taunts made by the accused-appellants for not bringing a motor-cycle in the dowry. It is alleged that on October 21, 1985, at about 2 a. m. , Satish, younger brother of the accused-appellant Ramesh Chander, came to the house of Suresh Kumar (P. W. 4), who was residing at Ambala City, and informed him about Sunita receiving bum injuries. Suresh Kumar hired a taxi and went to Village Tamnauli, where the appellant Ramesh Chander and his mother Kamla Devi resided, and found Sunita lying in burnt condition on a cot and covered with a bed-sheet. Narinder Kumar (P. W. 5) was also informed about the burn injuries of Sunita by the aforesaid Satish, who was accompanied by one another person of Village Tamnauli, at about 3. 45 a. m. Satish informed Narinder Kumar that now Sunita was alright and he need not worry. He also informed that Sunita had been admitted in the hospital. Narinder Kumar, accompanied by one Ramesh, Member Panchayat of Barwala, came to Civil Hospital, Ambala City, at about 5 a. m. and found that Sunita had already died. He found Ramesh Chander-appellant standing at the gate of the hospital. Narinder Kumar left the hospital at about 11 a. m. for lodging the First Information Report when Sub-Inspector Kundan Lal met him outside the hospital and he recorded the statement (Exhibit P. J.) of Narinder Kumar on the basis of which First Information Report was registered. The post mortem examination on the dead body of Sunita was conducted by Dr. S. K. Gupta, Medical Superintendent, Civil Hospital, Ambala City (P. W. 1) on October 21, 1985. He assessed the age of the deceased about 25 years and found the dead body of a moderately built young woman. Rigor mortis was found present on all the limbs. There were burns on whole of the body except front of face, forehead, scalp, both hands withdorsal and palmer surface, back of forearms on both sides, both soles and sacral region. There was no smell of kerosene. The walls of thorax were burnt, pleural were healthy. Larynx and trachea and lungs were congested. Stomach contained about one ounce of fluid, small intestine contained chyme, large intestine contained faecal matter. Liver, spleen and kidneys were congested. He prepared post mortem report, carbon copy of which is Exhibit P. A. Cause of death in his opinion was shock due to extensive burns which were ante mortem in nature and sufficient in the ordinary course of nature to cause death. Viscera was sent for chemical examination.

(3.) SUB-INSPECTOR Kundan Lal (P. W, 8) is the Investigating Officer. He had sent the dead body after inquest proceedings for post-mortem examination. In the hospital he recorded the statements of Mohan Lal, Ramesh Kumar, Suresh Kumar and Swaran Lal under Section 161 of the Code of Criminal Procedure and went to Village Tanmauli the same day at about 7 p. m. The neighbours of the accused-appellants accompanied the Police Party. The accused-appellants were not found present there. He prepared rough site plan (Exhibit P. O.) and took into possession the burnt Jumper, burnt pieces of Salwar and underwear and prepared recovery memo (Exhibit P. H. ). On October 22, 1985, Sarpanch Dara Singh produced the accused before the Investigating Officer, who arrested them. The Investigating Officer found the letter (Exhibit P. K.) lying near the bed in the house of the accused and took the same into possession vide recovery memo Exhibit P. K. /1. This letter was sent by complainant Narinder Kumar and was shown to him by the Investigating Officer. Uday Bhan, Draftsman (P. W. 2) prepared the sealed map of the place of occurrence which is Exhibit P. B. dated November 27, 1985. After completion of Investigation, the Investigating Officer prepared a report under Section 173, Criminal Procedure Code.