LAKHMI &ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) LAKHMI son of Sardara resident of Village Chausala and Ram Phal son of Giani resident of Village Panghal were tried for the offences punishable under Sections 498 -A and 304 -B read with Section 34 of the Indian Penal Code and were convicted by Sh.B.L.Singal, the then Additional Sessions Judge, Hissar, vide judgment dated November 15, 1996 and each of them was sentenced to undergo rigorous imprisonment for three years and to pay Rs.500/ - as fine and in default of payment of fine to further undergo rigorous imprisonment for three months under Section 498 -A of the Indian Penal Code and to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 304 -B read with Section 34 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) BOTH the convicts Lakhmi and Ram Phal filed this appeal for their acquittal from the said case under First Information Report No. 115 dated May 16, 1994, under Sections 498 -A/304 -B/302 of the Indian Penal Code registered at Police Station Barwala by setting aside the impugned judgment of conviction dated November 15, 1996 and sentence order dated November 18, 1996.

(3.) THIS case was registered on the statement of PW7 Raghbir, who is brother of deceased Darshna. It was recorded by Zile Singh, Sub -Inspector/Station House Officer, Police Station, Barwala. Darshna was married with Ram Phal (deceased -appellant) on March 19,1990 and she died under unnatural circumstances on May 15, 1994. Lakhmi (appellant) is husband of the sister of the father of Ram Phal (deceased -appellant). PW7 Raghbir levelled allegations against both the appellants that they had given sufficient dowry to Darshna in her marriage. Both the appellants and the womenfolk of the house of Ram Phal taunted her for bringing insufficient dowry. Darshna used to complain about taunts of the appellants. A buffalo worth Rs. 10,000/ - was then given to Ram Phal (deceased -appellant). After two months of the giving of the buffalo, both the appellants again started harassing Darshna. PW7 Raghbir, accompanied by Prem, Bhaga and Chhailu, went to the house of Ram Phal (deceased -appellant) where Lakhmi (appellant) was also present. They requested them to maintain Darshna properly, but they accused them for having given insufficient dowry. On that day, Darshna was not present at her in -laws house. She had been sent by the appellants to Village Kalauda Khurd after harassment having been shown to her. Then, after about ten days of their going to village Panghal, both the appellants came to the parents house of Darshna and demanded Rs. 10,000/ - from them. They gave Rs. 10,000/ - to Lakhmi (appellant) and sent Darshna with them. Thereafter, Darshna was killed in connection with the demand for dowry. A son was born to Darshna about a year before her death. At that time also, her parents had given her customary gifts including gold and cash.