SHANNI AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants have assailed the judgment and order dated 02.09.2011 passed by the Additional Sessions Judge, Rohtak who recorded conviction under Section 304 -B and 498 -A IPC. Appellant No. 1 - Shanni @ Kala, the husband, appellant No. 2 the mother -in -law of the deceased Mukesh were sentenced to undergo rigorous imprisonment for a period of 10 years under Section 304 -B IPC and 2 1/2 years rigorous imprisonment under Section 498 -A IPC and to pay a fine of Rs. 5,000/ - each. In default of payment of fine they were to undergo rigorous imprisonment for 6 months.

(2.) MUKESH was married to Shanni in March 2008. The complainant is the brother who alleged that sufficient dowry beyond his means was given in the marriage. The in -laws were not satisfied with the dowry. Shanni repeatedly taunted Mukesh that they had not given the car at the time of marriage and on the birth of the child. Taunts were thrown by the mother -in -law that Mukesh was from a destitute family and did not bring 'Kanthi' or 'ring' in the marriage nor any gift was given at the time of birth of the child. The allegations are that on the instigation of the husband and mother -in -law, the father -in -law also taunted and abused her. Mukesh had been narrating it to her family whenever they came to meet her. On the unfortunate date, the family received information that Mukesh had died in PGI Rohtak.

(3.) IN the statement under Section 313 Cr.P.C. the accused adjured the trial and pleaded false implication. They had stated that it was accidental death and Mukesh had consumed poison accidentally and examined one witness in defence.