KAUSHAL DEV AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kaushal Dev and his mother Narvada were tried in FIR No. 178 dated 03.12.2000 registered under Sec. 304 -B, 498 -A at Police Station Hassanpur. The trial ended in their conviction and they were sentenced to undergo rigorous imprisonment for 7 years alongwith fine of Rs. 1000/ - each and in default of payment of fine to further undergo rigorous imprisonment for 3 months and under Sec. 304 -B. They were also sentenced to undergo rigorous imprisonment for 2 years alongwith fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for 2 months by Sessions Judge, Faridabad on 11.07.2002.

(2.) Both the convicts filed this appeal in 2002. Narvada - appellant No. 2 died during the pendency of the appeal. The appeal against her had abated.

(3.) The facts need to be delineated. Renu was married to Kaushal Dev on 9.12.98 at Alwar in a group marriage function performed by Akhil Bhartiya Mahavar Vaishya Yuvak Yuvati Parichaya Sammellan Avam Samuhik Vivak Samiti. About 30 couples were married by the organization. The unfortunate incident occurred on 02.12.2000. The FIR was lodged the next day. The complainant Sri Ram had alleged that he had given dowry on the marriage as per his capacity and after 2/3 months of the marriage his daughter had told him on telephone that the mother -in -law and sister -in -law used to harass and taunt her for bringing insufficient dowry. The complainant and his wife went to Hassanpur and met their daughter and after persuading the in -laws they returned. The complainant's daughter gave birth to a son in February 2000. The complainant had stated that he had given Chhuchhak as per his capacity but the mother -in -law, sister -in -law and the son -in -law were not happy. He had also given Indira Vikas Patras of Rs. 5000/ - in the name of his daughter and son -in -law. The father had alleged that there was a demand of a motor cycle and he had told them that he did not have the capacity to pay. The allegations were that on 02.12.2000, he received information on telephone from his son -in -law that Renu had committed suicide by sprinkling kerosene oil upon herself. The complainant alongwith his wife and sons went to Hassanpur where they came to know that Renu had been referred to Safdar Jung Hospital, Delhi. On getting this information they left for Delhi. While they were near village Khambi, he met his son -in -law and his brother -in -law who told him that Renu had died near Palwal and they were returning to Palwal. Allegations were levelled that his daughter had been murdered by the husband, mother -in -law and sister -in -law for dowry. On these allegations the matter was investigated and challan was filed against the husband and the mother -in -law. Charge was framed under Sec. 304 -B, 498 -A IPC to which the accused pleaded not guilty.