BALRAJ PANCHAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Appellant-Balraj Panchal, who is the father of deceased-Pooja has filed the present appeal for challenging the acquittal of respondents Balbir and Maya Devi of the charges under Sections 304-B, 302, 120-B, 498-A and 316 Penal Code. He has also prayed for enhancing the sentence of imprisonment of respondent-Manoj Kumar.

(2.) The case of the prosecution, in nutshell, is that the marriage of Pooja was solemnized with respondent-Manoj Kumar on 29.7.2007 as per the Hindu rites and ceremonies. From this wedlock, one son and one daughter were born. At the time of the marriage, the appellant had given sufficient dowry to his daughter, her husband-Manoj Kumar, father-in-law Balbir, mother-in-law Maya Devi, brother-in-law Pawan and sister-in-law Dimple. However, the in-laws of Pooja were not happy with the dowry. On that account, they used to taunt her and also started harassing her. They raised a demand for a car. However, Pooja showed her inability to fulfill their demand. On this, her in-laws started giving her beatings. She disclosed about the same to her father-Balraj Panchal, mother-Kesar and brother-Vinod Kumar. The appellant along with his family members visited the matrimonial home of Pooja and tried to make her in-laws understand, but despite the same her in-laws remained adamant in their demand. The appellant assured them that he would fulfill their demand but asked for some time. The in-laws of Pooja agreed to the same. The in-laws of his daughter were successful in persuading her and, accordingly, brought her back to the matrimonial home. For some days, the behaviour of her in-laws remained normal but after some time, demand was raised for a car and they even started giving beatings to Pooja. A meeting of the brotherhood was held and, accordingly, after persuading his daughter the appellant sent her back to her matrimonial home. At that time, she was again pregnant. When the appellant along with his wife-Kesar, Balbir and Balbir's wife Maya Devi was returning from village Kalupur, District Sonepat, after attending last rites of some relatives of theirs' Balbir received a phone call that Pooja had expired. On this, all of them reached Karnal and found Pooja lying dead on the bed. There were bluish marks on her neck and eyes. The appellant claimed that his daughter had been done to death by her in-laws after hatching a criminal conspiracy. Accordingly, on the basis of her statement, FIR No. 670 dated 16.9.2013 was registered at Police Station, Sadar, Karnal against the in-laws of the deceased for committing offences under Sections 304-B, 316, 302, 498-A and 120-B IPC.

(3.) On completion of the investigation, final report under Sec. 173 Crimial P.C. was submitted against Manoj Kumar (husband), Balbir (father-in-law) and Maya Devi (mother-in-law) and they were charged for the aforementioned offences.