HARBANS AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants faced trial of the charge under Section 302 read with Section 34 of Indian Penal Code (IPC) or in the alternative for the offence under Section 304 -B read with Section 34 IPC. The second charge against them was under Section 498 -A IPC. Appellants No. 1 and 2 (A -1 and A -2) are parents of appellant No. 3 (A -3). Learned trial Court acquitted the appellants under Section 302 IPC but convicted them under Sections 304 -B and 498 -A read with Section 34 IPC and awarded them the sentence to undergo rigorous imprisonment for ten years under Section 304 -B read with Section 34 IPC. The trial Court observed and rightly so, that the sentence having been awarded for the graver offence there was no need to pass separate sentence under Section 498 -A IPC.

(2.) AS per custody certificates placed on record by learned State counsel, Harbans (A -1) has undergone actual sentence of 1 year 11 months and 25 days of imprisonment with total period of 2 years, 5 months and 7 days with remissions before his sentence was suspended by this Court. Murti (A -2) has undergone about 3 years of imprisonment. A -3 who is still in custody has undergone 3 years 10 months and 29 days of actual imprisonment with total period of more than 5 years and 8 months of imprisonment by including the remissions.

(3.) IT is the prosecution story that for two months after the marriage behaviour of appellants was nice towards the deceased but thereafter, they started beating her. The persons named in FIR having physically tortured the girl are parents of the boy, his sister Reshma and her husband, brother of A -3 apart from A -3 himself. Four months after the marriage the deceased had come to her parents. She was having an injury on her abdomen for which she was got medically treated. After that A -3 came and the deceased was sent alongwith him. One month thereafter, in -laws of the deceased again turned her out by giving her beating. The girl came to her parents but with the intervention of Sohan Singh sarpanch she was sent back.