RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 1.8.2000 of the Sessions Judge, Rohtak whereby he convicted the appellants under Section 304-B I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default, to further undergo RI for three months. The appellants were further convicted under Section 498-A I.P.C. and sentenced to undergo RI for three years and to pay a fine of Rs. 200/- each, in default, to further undergo RI for two months. However, both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is unfolded by the statement Ex. PG of Kirori Mal given to ASI Narender Singh of Police Station Sadar, Rohtak on 13.12.1996 at about 10.30 p.m. Kirori Mal stated that he is a resident of Balamba. He has five sons and one daughter. His daughter Salochna was married with Ramesh son of Jeet Ram resident of Kabulpur on 31.5.1993. He had given dowry as per his means and had spent Rs. 3 Lacs at the time of the marriage of Salochna. After a few days of marriage, Ramesh husband of Salochna and her Jeths Rajinder and Vishnu started taunting her, saying that she had not brought enough dowry. Salochna told this to her father, mother Kalawati and brother Dhan Raj. She had further told them, that she had been asked, that she should get Rs. 2 lacs of dowry, so that they could further their business and she should not come back ot her husband's house, till this amount was not brought by her. After some days, son-in-law of the complainant Ramesh came to take Salochna. Kirori Mal pacified his son-in-law and promised to give Rs. 50,000/-. Salochna was treated well for two months. Kirori Mal could not arrange the amount of Rs. 2 lacs, which were being demanded by her husband and his brothers. On 2.6.1996, Salochna came to the house of Kirori Mal to attend the marriage of her brother Dhan Raj. She told her mother Kalawati that her husband Ramesh along with his brothers Rajender and Vishnu have started maltreating her and beating her. She also feared for her life that if the amount of Rs. 2 lacs was not paid, kerosone would be sprinkled on her and they would kill her. Ramesh had also come to attend the marriage of Dhan Raj. Kirori Mal pacified him that he would arrange Rs. 2 lacs. On 3.6.1996, Ramesh and Salochna left for their own house. Kirori Mal could not arrange the amount of Rs. 2 lacs. On 13.12.1996 at about 10 a.m. Ramesh, Rajinder and Vishnu sprinkled kerosene oil on the body of Salochna and burnt her to death. Complainant got the information that his daughter had been burnt. He along with his son Dhan Raj and Suresh son of Ram Kishorey reached Village Kabulpur where they found Salochna lying dead in a burnt condition, in a room in the upper storey of the house. Complainant in his statement stated that he was sure that his daughter had been murdered by Ramesh, Rajinder and Vishnu by sprinkling kerosene oil on her and then burning her. On the basis of this statement Ex. PG, formal F.I.R. Ex. PG/1 was recorded on 14.12.1996 at 12.20 a.m. Special report was sent to the A.C.J.M., Rohtak on 14.12.1996 at 2.20 a.m.

(3.) LEARNED counsel for he appellants has stated that there is an unexplained delay in lodging of the F.I.R. This delay has been utilised to falsely implicate the appellants. Dhan Raj (PW-10) has stated in his testimony before the Court that he received the information of the death of his sister from a farmer belonging to Village Kabulpur who informed him at around 5.30 p.m. about the death of his sister. Dhan Raj PW-10 along with his father Kirori Mal PW-9 started from their Village Balamba for Village Kabulpur at about 6/6.30 p.m. At about 8.30 p.m. Kirori Mal (PW-9) started for the Police Station Sadar, Rohtak to lodge a report. Kirori Mal returned to the place of occurrence at 9.30 p.m. along with the police. Statement Ex. PG of Kirori Mal PW-9 was recorded on the same day i.e. 13.12.1996 at 10.30 p.m. F.I.R. PG/1 came into existence on 14.12.1996 at 12.20 a.m. Special report was received by the A.C.J.M., Rohtak on 14.12.1996 at 2.10 a.m. It is clear that there is a delay of more than 12 hours in lodging of the F.I.R. Demand of Rs. 2 lacs was not made soon before the death of Salochna, but as per the F.I.R. Ex. PG/1 and the statement of Kirori Mal PW-9 and Dhan Raj PW-10, the last demand of Rs. 2 lacs was made on 2.6.1996 i.e. six months before the occurrence taken place. Father of the deceased Kirori Mal PW-9 had a small grocery store. The alleged demand of Rs. 2 lacs by the appellants was not in conformity with the income of Kirori Mal PW-9. He was a small type shopkeeper. If a demand of Rs. 20,000/- or Rs. 30,000/- would have been made, it would have been in conformity with the earnings of Kirori Mal. It has come in the evidence of Kirori Mal that he had no bank account, nor did he have any savings account. Kirori Mal PW-9 was not in position to pay Rs. 2 lacs and if they would have demanded dowry, it would have been something like a scooter or T.V. The prosecution witnesses Kirori Mal PW-9 and Dhan Raj PW-10 have stated, that the deceased came to their house on 2.6.1996 and stated that she would be killed, if the dowry demand was not fulfilled. No father would send his daughter to her in-laws' house, if there was a threat to her life.