PREM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal Appeal No. 740-DB of 2002 has been filed against the judgment dated 10-9-2002 of the Additional Sessions Judge, Jagadhri whereby appellant Pardeep Kumar was convicted under Sections 302 and 304-B I. P. C. and sentenced to undergo R.I. for life under Section 302 I. P. C. No separate sentence under Section 304-B I. P. C. was awarded to appellant Pardeep Kumar. Appellants Prem Nath and Parveen Kumar were convicted under Section 304-B I. P. C. and sentenced to undergo R. I. for 7 years. Though all the three accused were convicted under Section 498-A I. P. C. also, but no separate sentence was awarded to them, as they had been sentenced for the major sentence.

(2.) The prosecution case is unfolded by PW-4 Kewal Krishan, complainant. He has stated that he is a resident of Ambala City. He is the Director of G. G. Flour Mills. He has four daughters and two sons. Marriage of his eldest daughter Suman Rani alias Anamika was solemnised with appellant Pardeep Kumar alias Raju on 19-10-1996 in Laxmi Palace at Patiala. As per asking of the appellants, dowry and Istri Dhan was given according to the capacity of the complainant. On the festival of Karva Chauth, complainant's daughter Anamika along with Pardeep Kumar and Anamika's father-in-law and mother-in-law came to their residence. Sufficient articles were given on Karva Chauth. On that day, Anamika told the complainant that her husband Pardeep Kumar who was running a shop at Yamuna Nagar in the name and style of New Punjab Tractors, wanted to take her to Yamuna Nagar. He demanded colour T. V., washing machine, Godrej almirah and a refrigerator. Thereafter his daughter went to her in-law's place in Village Dhanola, District Sangrur (Punjab). 10 to 15 days thereafter, complainant's daughter rang them up from Dhanola that she along with her husband were shifting to Yamuna Nagar and the articles demanded should be sent to her at Yamuna Nagar. Complainant Kewal Krishan along with Mohinder Pal son of Bachan Lal resident of Ambala City came to Yamuna Nagar. They purchased colour T. V. washing machine, Godrej almirah and a refrigerator and handed them over to appellant Pardeep Kumar in his house. Complainant's wife was operated upon at Ambala for some ailment. Anamika came to see her mother. Anamika did not look well. Complainant Kewal Krishan enquired about her health. Anamika stated that her husband Pardeep Kumar, father-in-law and Dever (brother-in-law) Parveen Kumar were threatening that if she waned to remain alive, she should get Rs.2 lacs from her father, as they wanted to expand their business at Yamuna Nagar. This demand was met and complainant gave Rs.50,000/- and requested that he will pay the remaining amount after arranging for it. This amount was given about a month prior to the death of Anamika. About 15 days before her death, Anamika made a telephone call to the complainant that her father-in-law Prem Nath had told her husband Pardeep Kumar that if Anamika did not arrange for the remaining amount, she should be eliminated, he would arrange for everything and perform his second marriage. Again on 23-1-1997, complainant's daughter gave a telephonic call to the complainant, that if the remaining amount was not arranged within 2/3 days, she would be eliminated.

(3.) On 25-1-1997 at about 9.30 p.m. PW-3 Anil Kumar gave a telephonic call to the complainant that Anamika had got burnt with a gas cylinder. Complainant made a telephonic call to his brother Suresh Pal and his father Rameshwar Dass at Cheeka to reach Ambala. On their arrival from Cheeka, complainant along with them left for the house of his daughter at Yamuna Nagar. On reaching there, he saw his daughter lying dead on a double-bed. Besides her were lying a gas cylinder, match-sticks and half burnt papers.