RAM MEHAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Respondents Amit Kumar, Dalbir and Kamlesh have been acquitted by the learned Additional Sessions Judge, Gurgaon vide judgment dated 29.03.2014 of the charges of offences punishable under Sections 498A, 304B, 302 read with Section 34 IPC. Aggrieved therefrom, present appeal has been filed by the appellant/complainant Ram Mehar.

(2.) As per prosecution version, information was received by ASI Chandgi Ram on 12.12.2012 about Neelam wife of Amit respondent No. 2 having hanged herself. ASI Chandgi Ram along with police officials reached the spot on which photographs were taken. Inquest proceedings were conducted and the dead body sent to General Hospital, Gurgaon for post mortem examination. Post mortem was conducted by Board of doctors. Post Mortem Report is Ex. PA. Complainant-appellant Ram Mehar disclosed to the police that his cousin Neelam (deceased) was married to Amit son of Dalbir in March 2011 as per Hindu rites and ceremonies. Sufficient dowry was given at the time of marriage. After 2-3 months of marriage, deceased had disclosed that her father-in-law Dalbir, mother-in-law Kamlesh, husband Amit and brother-in-law Shunty alias Sumit used to maltreat her for bringing less dowry. She was asked to bring more dowry or she would not be kept in the matrimonial home. On this, Rs. 50,000/- was given to her in cash. She was turned out of her matrimonial home again while demanding money and a vehicle. She was sent back to matrimonial home with intervention of respectables and Rs. 2 lakhs were given to her in-laws. Thereafter, maternal uncle and aunt of Amit started teasing Neelam. They again demanded money but on their refusal the accused used to maltreat the deceased. Ram Mehar received information on 12.12.2012 that Neelam had committed suicide by hanging herself. On inquiry, they have reason to believe that she has either been strangulated by the accused or she has committed suicide due to their atrocities. On this statement (Ex. PC), FIR No. 470 dated 13.12.2012 was registered.

(3.) During investigation, Ranbir son of Dala Ram, his wife Santosh and Sanjiv son of Dalbir were found innocent. Challan/report under Section 173 Cr.P.C. was presented against Amit husband of the deceased, Dalbir father-in-law and Kamlesh mother-in-law of the deceased. As per medical evidence, the cause of death of Neelam is asphyxia due to hanging. Charge was framed against the accused under Sections 498A, 304B read with Section 34 IPC and in alternate Section 302/34 IPC. 14 witnesses were examined by the prosecution to prove its case.