TILAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Tilak Raj has laid challenge to the judgment of conviction and order on sentence dated 05.09.2012 and 07.09.2012 respectively vide which he was held guilty under Sections 498-A and 304-B IPC for having treated his wife Suman with cruelty and causing her death. He was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5000/- under Section 498-A IPC and ten years with a fine of 10,000/- under Section 304-B IPC. In default of payment of fine, he was to undergo further rigorous imprisonment for six months and one year respectively.

(2.) The facts as culled out from the records may be noticed first.

(3.) Suman (since deceased) was married to appellant Tilak Raj on 07.12.2008. As per prosecution, sufficient dowry as per the status and capacity was given in the marriage, but the husband and the in-laws were not happy. Suman gave birth to two children. On 11.07.2011 an intimation was received by the police about her admission in a Government Hospital, Bhiwani with 100% burn injuries. She was referred to PGIMS, Rohtak and her condition was serious. She succumbed to the injuries on the way. Her father, Rohtash made a statement, Ex.PA to ASI Jagbir Singh narrating therein that husband Tilak Raj, mother-in-law Krishna, sister-in-law Puja, brother-in-law Balram and Ramesh, uncle of husband used to harass and taunt Suman for bringing less dowry and gave beatings to her. A demand of inverter was raised by the husband, which was fulfilled. Demand for cash was also made. He further disclosed that in the morning at about 6/7:00 a.m. he was informed on telephone by Ramesh and Tilak Raj that Suman had set herself on fire. He went to Government Hospital, Bhiwani. He met Suman who disclosed that Tilak Raj had set her on fire by pouring kerosene oil.