KASHMIRI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 8.2.2010 passed by the then learned Sessions Judge, Fatehabad vide which appellant Kashmiri Lal has been held guilty and convicted for the offence punishable under Section 304-B of Indian Penal Code (hereinafter referred to as "IPC") and the order on the quantum of sentence dated 9.2.2010, vide which he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of 3½ years.

(2.) The brief facts of the prosecution case are that appellant Kashmiri Lal, the husband of deceased Suman, on 13.11.2008 made the statement Ex.P1 to the police alleging therein that on yesterday evening, after taking their food, he and his wife Suman went to sleep on separate cots. At about 4.00 A.M. when he heard the noise of weeping of his son Avtar, he woke up and found that his wife was lying under the cot in unconscious condition. He got his parents and neighbours woke up. Dr. Vinod was called from the village. He examined her and declared that she had died. On the statement of appellant Kashmiri Lal Ex.P1, PW.1 Assistant Sub Inspector Randhir Singh made his endorsement Ex.P2 and sent the same to the Police Station on the basis of which DDR No. 76 dated 13.11.2008 was recorded. The copy thereof is Ex.P3. Thereafter, Assistant Sub Inspector Randhir Singh carried out the inquest proceedings and prepared the inquest report Ex.P4. He moved an application to the Medical Officer, Government Hospital, Fatehabad for conducting the post mortem examination on the dead body of deceased Suman. Upon his application, the doctor conducted the post mortem examination on the dead body of deceased Suman. After conducting the post mortem examination, the dead body of Suman was handed over to her father Madan Lal vide memo Ex.P6.

(3.) On 14.11.2008, complainant Madan Lal PW.5, father of the deceased Suman, moved an application Ex.P11 to PW.7 Sub Inspector Yogesh Kumar alleging therein that appellant Kashmiri Lal, his mother Krishna alias Guddi and sister Banto, in furtherance of their common intention had been harassing and torturing the deceased on account of bringing inadequate dowry and due to non-fulfilment of their demands. Even the panchayat was convened wherein they admitted their fault and assured not to harass the deceased in future. After some time, they again started raising the demand of dowry and in furtherance of their common intention gave beatings to the deceased. The deceased had telephonically informed the complainant that the accused/appellant had again started harassing her and stated that they could not save enough money by doing labour work in Gujarat and she should bring money from her father for the treatment of his father Diwan Chand. The complainant asked that he would come after one or two days and then will have talk with the accused. But on 13.11.2008, he received the call on the mobile phone of his son from appellant Kashmiri Lal that Suman has died as a result of heart attack. The complainant along with his relatives and respectables reached at village Bahbalpur and on careful examination of the dead body, he found that there was bleeding from her mouth and there was black sign on her heck. He suspected that his daughter was killed by pressing her neck. On this application of complainant Madan Lal, formal FIR Ex.P16 was recorded and investigation was initiated.