OMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment would dispose of two Criminal Appeals; CRA No.538 -DB of 1996 filed by Ombir son of Harphul and CRA No.645 -DB of 1996 filed by Sita Ram son of Harphul and Smt. Kalawati wife of Harphul, all residents of village Umrawat, Police Station, Sadar Bhiwani, District Bhiwani. Ombir and Smt. Kalawati (appellants) were convicted for the offence punishable under Sections 304 -B, 498 -A and 201 of the Indian Penal Code, while Sita Ram (appellant) was convicted for the offence punishable under Section 201 of the Indian Penal Code, vide impugned judgment dated 11.9.1996 passed by Sh. J.D. Chandna, the then Additional Sessions Judge (1st), Bhiwani, Smt. Santra, who was also tried along with them was acquitted of these charges. Ombir (appellant) was sentenced to undergo imprisonment for life under Section 304 -B IPC and was sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs.2000/ - and in case of default of payment of fine to further undergo R.I. for 9 months under Section 498 -A IPC. He was also sentenced to undergo R.I. for 3 years and to pay fine of Rs.1000/ - and in case of default of payment of fine to undergo R.I. for 9 months under Section 201 IPC. All the sentences were ordered to run concurrently. Smt. Kalawati was sentenced to undergo simple imprisonment for 7 years under Section 304 -B IPC and was sentenced to undergo simple imprisonment for 2 years and to pay fine of Rs.1000/ - and in case of default of payment of fine to further undergo S.I. for 6 months under Section 498 -A IPC. She was also sentenced to undergo S.I. for 2 years and to pay fine of Rs.1000/ - and in case of default of payment of fine to undergo S.I. for 6 months under Section 201 IPC. All the sentences were ordered to run concurrently. Sita Ram (appellant) was sentenced to undergo R.I. for 3 years and to pay fine of Rs.5000/ - and in default of payment of fine, to undergo further R.I. for 9 months under Section 201 IPC. These sentences were passed vide impugned sentence order dated 14.9.1996.

(2.) THE facts of the prosecution case are that Bala daughter of PW Om Parkash son of Chandgi Ram resident of village Mandhana, Tehsil Bhawani Khera, District Bhiwani was married with Ombir (appellant) on 14.3.1994. She died at about 4 A.M. on 6.3.1995 at the house of her in -laws. Sita Ram (appellant) is the elder brother of Ombir, husband of deceased Bala. Smt. Kalawati is the mother -in -law of the deceased Bala. Om Parkash gave an application on 8.3.1995 for registration of a case against the appellants and others and on its basis case under FIR No. 101 dated 8.3.1995 under Sections 304 -B, 498 -A, 406,201 read with Section 34 IPC was registered at Police Station Sadar Bhiwani. It was alleged by Om Parkash in his application that he had spent about Rs.3 lacs on the marriage of his daughter Bala. A sum of Rs.25,000/ - was given in cash at the time of 'lagan' ceremony, an amount of Rs.25,000/ - was given at the time of 'gorwa' ceremony and another sum of Rs.25,000/ - was given at the time of 'vidai' ceremony. Furniture like tables, double bed, sofa, almirah, cooler, black and white T.V., table fan and ceiling fan, sewing machine, dressing -table, wrist watch, wall clock and clothes worth Rs. 10,000/ -were also given in the marriage. Besides utensils and ornaments worth 15 tolas of gold were also given. Silver ornaments weighing about 500 grams were also given. 'Muklawa' ceremony was also performed simultaneously with the marriage. When Bala went to her in -laws' house, her mother -in -law (Smt. Kalawati -appellant) and her sister -in -law (Smt. Santra, who has been acquitted) asked her to bring fridge, coloured TV set and VCR. Bala stayed at her in -laws' house for about 10 days. When she returned to her parents' house, she disclosed them about the demand made by her mother -in -law and sister -in -law. PW Om Parkash, father of Bala did not make this matter seriously. Then one month later when Ombir (appellant) came to village Mandhana to take Bala along with him to her in -laws house, PW Om Parkash had a talk with him about the demand of dowry. Then Ombir (appellant) said that now a days fridge, coloured TV set and VCR were common articles in dowry and these things were not given to him. PW Om Parkash consoled Ombir (appellant) and sent Bala with him. Their behaviour did not change towards Bala during her stay of about 2 months in her in -laws' house. During the period of ten months, Bala came three or four times to her parents house. About 1 -1/2 months prior to the occurrence, PW Ram Avtar, cousin brother of Bala went to enquire about her at her in -laws' house. He saw injury marks on the body of Bala. She told him that her mother -in -law, her husband, her husband's elder brother Sita Ram (all appellants) and her sister -in -law who is married in Kakroli (Smt. Santra - who has been acquitted) daily gave her beating. PW Ram Avtar on his returning to village Mandhana narrated the woeful tale to PW Om Parkash, father of Bala. He kept quiet and did not take action with a view to keep good relations with her in -laws. Then after about 10 days, Bala was again beaten up and she was made to board a bus bound for village Mandhana. She came to her parents' house while weeping. PW Om Parkash and his wife made up their mind not to send Bala back to her in -laws house. Then on 26.2.1995 at about 5 P.M., Ombir (appellant) and his sister Smt. Santra and her husband came to village Mandhana to take with them Bala. They promised that they would keep and maintain Bala properly and they be forgiven for their past conduct. Trusting them PW Om Parkash sent Bala with them in their vehicle. Thereafter, no news about her well being was received. Then on 7.3.1995, PW Ram Avtar over -heard conversation of some persons who were assembled before a booth in village Umrawat that a daughter -in -law had been killed in village Umrawat. PW Ram Avtar came back to village Mandhana and narrated this matter to PW Om Parkash, father of deceased Bala. PWs Om Parkash, Ram Avtar and others then in the morning of 8.3.1995 reached the house of in -laws of Bala to enquire about her well -being. Her in laws did not give any satisfactory response. The neighbour told them that Bala had died suddenly at about 4 a.m. on 6.3.1995. No intimation was given about her cremation to her parents. PW Om Parkash in his application grieved that his daughter had been killed by her in -laws on account of dowry and action be taken against them.

(3.) FURTHER investigation was conducted by ASI Amrik Singh, the then SHO of Police Station Sadar Bhiwani. He arrested the appellants and Smt. Santra (who has been acquitted) on 15.3.1995. He interrogated them and recorded their disclosure statements about the place of cremation of Bala. He recorded the statements of the prosecution witnesses and on completion of the investigation, prepared final report under Section l73 Cr.P.C.