BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALWANT Singh son of Matu Ram and Matu Ram son of Mullu Ram, both residents of Village Keshopur, Police Station Mullana, District Ambala, have filed this appeal against the impugned judgment of conviction and sentence order, both dated June 15, 1991, passed by Mr. V.P. Aggarwal, the then Additional Sessions Judge, Ambala, in case First Information Report No. 159 dated September 6, 1988, under Section 304 -B read with Section 34 of the Indian Penal Code, registered at Police Station Mullana, District Ambala. Each of them was convicted under Section 304 -B read with Section 34 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years. Lal Chand and Smt. Kishni were also tried along with them, but they were acquitted by the Trial Court.

(2.) THE facts of the prosecution case are that Kuldip Kaur @ Deepo (deceased) was married with Balwant Singh (appellant) about 3 -1/4 years prior to occurrence. Matu Ram (co -appellant) is father of said Balwant Singh. Lal Chand (accused), who was acquitted, is elder brother of said Balwant Singh. Smt. Kishni (accused), who was acquitted, is wife of Matu Ram (appellant). Dalel Ram, father of Kuldip Kaur @ Deepo (deceased) had given sufficient dowry in her marriage according to his status and capacity. After about 5/6 months of the marriage, Kuldip Kaur @ Deepo was left at the house of Dalel Ram at Village Khera by appellants Balwant Singh and his father Matu Ram. She stayed at the house of her father for 4/5 months. Thereafter, both the appellants came to fetch Kuldip Kaur @ Deepo and they also made a demand of Rs. 2,000/ - for running a 'Karyana' shop. P.W. Dalel Ram gave them the demanded amount of Rs. 2,000/ - by arranging it from his brother -in -law Jagdish Kumar resident of Bakhtuha. Both the appellants did not return this amount. 7/8 months passed, Balwant Singh (appellant) again left Kuldip Kaur @ Deepo at the house of her father Dalel Ram. Then after 3/4 months, he came at the house of Dalel Ram at Village Khera and put forth a demand of Rs. 4,000/ - more because he wanted to expand his business. P.W. Dalel Ram being a labourer was unable to meet this demand and so he showed his inability to pay this much amount to Balwant Singh (appellant). Kuldip Kaur @ Deepo then remained with Dalel Ram for a continuous period of one year. Dalel Ram had lodged a report in this connection with the police. Then, at the instance of respectables of the village, he sent his daughter Kuldip Kaur @ Deepo with appellants Balwant Singh and Matu Ram on May 20, 1988. The appellants had assured that they would not harass Kuldip Kaur @ Deepo, in the presence of the members of the Panchayat. But after 15/20 days, Matu Ram (appellant) came to Village Khera and said to P.W. Dalel Ram to give Rs. 4,000/ - if he wanted his daughter to be settled in her matrimonial home. P.W. Dalel Ram took into confidence his brother Bachan Dass and brother -in -law Jagdish Kumar. An amount of Rs. 3,000/ - was arranged and it was given to Matu Ram (appellant) at Village Khera in the presence of Bachan Dass, Jagdish Kumar and Rikhi Ram, the then Sarpanch, but the demand of the appellants of Rs. 1,000/ - continued. Roshan Lal, elder son -in -law of Dalel Ram came and informed that Kuldip Kaur @ Deepo was being harassed by her in -laws. Then on September 4, 1988, Dalel Ram sent his son Satish Kumar to Keshopur to enquire about the well -being of Kuldip Kaur @ Deepo. Satish Kumar also reported that Kuldip Kaur @ Deepo was being harassed by the appellants and their other family members and they all were compelling her to bring Rs. 1,000/ - from her father. Dalel Ram arranged for some money so that he might give to Matu Ram (appellant). Then on September 5, 1988, at about 6 a.m., Hukam Singh son of Basakhi Ram and Kartara Ram son of Premo residents of Village Keshopur came to the house of Dalel Ram and told him that his daughter Kuldip Kaur @ Deepo had expired on September 4, 1988. P.W. Dalel Ram and other relatives then reached Village Keshopur on September 5, 1988. The police was present at the house of the appellants. The dead -body of Kuldip Kaur @ Deepo was lying in their house. Post mortem examination was conducted on the dead -body of Kuldip Kaur @ Deepo. After the post mortem examination, the dead -body was taken to Village Khera for cremation. On the next day i.e., on September 6, 1988, Dalel Ram (father of the deceased girl) lodged report with the police and the case was registered.

(3.) ON completion of the investigation, challan was put in against the appellants and Lal Chand and Smt. Kishni under Section 304 -B read with Section 34 of the Indian Penal Code.