ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ashok Kumar in Criminal Appeal No. 262-SB of 1986 and his parents, namely Kedar Nath son of Bhola Nath and Smt. Ram Sumni respondents in Criminal Appeal No. 93-DBA of 1987 filed by the State of Haryana were tried for the offences alleged against them under Ss. 306 and 498-A read with S. 34 of the Indian Penal Code. After resultant trial on the charges so framed against them whereas Kedar Nath and Smt. Ram Sumni were acquitted, Ashok Kumar was held guilty under S. 306, 1PC and sentenced to undergo R.I. for seven years. He was also held guilty under S. 498-A, IPC and sentenced to undergo R.I. for three years. Both the sentences against him were, however, ordered to run concurrently. Whereas Ashok Kumar has filed appeal against his conviction and sentence in the manner indicated above, the State of Haryana has filed an appeal challenging the acquittal of Kedar Nath and Smt. Ram Sumni. Vide this order, we, thus, propose to decide both these appeals.

(2.) Facts leading to the death of wife of Ashok Kumar who breathed her last on 15th of January, 1985 at about 2.00 p.m. and within about eight months from the date of her marriage with Ashok Kumar and at the time when she was pregnant from last about five months were unfolded by her father Goverdhan Dass Gupta when he lodged the report through an application addressed by him to the S.H.O. concerned on 18th of January. He stated therein that he had solemnised the marriage of his daughter Saroj with Ashok Kumar son of Kedar Nath Jaiswal, resident of Mohalla Damdama Sikandra Rao, District Aligarh in the month of April 1984. During these days his daughter was residing with her husband at Ballabgarh. These people kept on harassing his daughter for dowry and also subjected her to beating. He had solemnised the marriage of his daughter by giving dowry according to his capacity but even then Ashok Kumar and his parents demanded more dowry from him. A few days after the marriage, he had given a draft of Rs. 5,000/- and thereafter, he had given Rs. 1500/- for cooler. Demand was then made for dressing table, T.V. and gold ornaments and he could not meet the said demands at once. He had given her a T.V. Quilt and mattress were also demanded. These were also given. The wife of his younger son had given birth to a son at his house. He had sent his elder son Shri Ram to Ballabgarh to bring Saroj on his Namkaran ceremony. Ashok Kumar, however, did not send Saroj to Mussoorie. Next day he received an information at Mussoorie that Saroj had committed suicide by setting herself on fire. He at once went to Ballabgarh and came to know that Saroj had expired. He stated that cause of death of his daughter be investigated and necessary action be taken. On this application it appears opinion of Assistant District Attorney was sought who opined that an offence under S.498-A of the Indian Penal Code was made out from the perusal of the complaint. This opinion it appears was given on 18th of January, 1985 and therefore formal F.I.R. came to be recorded on 19th January, 1985. It is on that date that four copies of the F.I.R. were prepared and despatched to competent officers. At 10.00 a.m. on 21st of January, 1985, the Magistrate had received the copy of the First Information Report. The learned Sessions Judge, however, framed the charges under Ss. 498-A and 306 of the Indian Penal Code.

(3.) The prosecution with a view to bring home the offence against the accused examined PW-4 Dr. Rajan Kalra. He stated that on 16th of January, 1985 at 9.00 a.m. he had conducted the post-mortem on the dead body of Saroj wife of Ashok Kumar aged about 22 years. The death in the opinion of the doctor was due to 90% burns which were ante mortem and sufficient to cause death in the ordinary course of nature. In his cross-examination he stated that deceased waspregnant and had about five months pregnancy. Since the father of the deceased had died before the case reached the evidence stage before the trial Judge, he could, thus, be not examined. However, the prosecution examined Siri Ram Gupta P.W.3 brother of the deceased as also P.W-5 Jagdish Parshad son-in-law of the father of the deceased. Both these witnesses have broadly supported the prosecution version. Besides that P. W.3 has also proved the F.I.R. lodged by his father Ex. PC. P.W.3 Siri Ram stated that deceased was his younger sister. She was a graduate and was to appear in the post-graduate course. She was married on April 18, 1984, with the accused Ashok Kumar. At the time of engagement ceremony which took place about a month or 1 1/2 months before the marriage, a sum of Rs.5,000/- in cash and other items valuing Rs.6,000/,7,000/ - were given by them. At the time of marriage at Darwaza ceremony, another sum of Rs.5,000/- in cash, a ring, a chain and utensils and clothes of the value of Rs.6,000/- were given. At the time of departure of the bride, a sum of Rs.1,000/- in cash, eleven sarees, ornaments weighing ten tolas of gold, an almirah, a sofa-set and other items were given. On 27th or 28th of April, 1984, his younger brother Narain went to Secundra Rao to bring back his sister after marriage. Accused Kedar Nath and his wife told them at that time that they had given brass utensils whereas they used stainless steel utensils. They also told that the scooter, television and refrigerator had not been received so far. He told them that he would consult his father and whatever understanding of the expenses had been given to them, they had spent the amount. He, however, brought back his sister to Mussoorie. On 22nd of May, 1984, accused Ashok Kumar came to their place to bring back their sister and she was sent with him. Ashok Kumar brought her to Ballabgarh, where he resided. In or about the third week of June, 1984 he received a letter from her sister that she was being constantly tortured and harassed by her husband in the matter of bringing insufficient dowry. The marriage had been settled due to good offices of his elder sister's husband Jagdish Parshad. On receipt of letter from Saroj, he rang up Jagdish Parshad and told him what he had come to know and requested him to intervene and about a week later Jagdish Parshad telephoned him saying that something had to be done to satisfy the mother of Ashok Kumar accused and in the meantime, a draft of Rs.5,000/ - be sent to Ashok Kumar. He informed Ashok Kumar that he was reaching with the requisite draft. Before he could reach Ballabgarh, his sister, however, reached Mussoorie and a draft of Rs. 5,000/- in her name was handed over to her. Saroj came back to Ballabgarh. A day or two prior to Raksha Bandhan, he had gone to Ballabgarh to take Saroj to Mussoorie and brought her there. She at that time told that she was being beaten constantly on the plea that scooter, television set and refrigerator had not been given. After some time he accompanied Saroj to Faridabad and asked Ashok Kumar accused as to why he was harassing and torturing his sister Saroj and that whatever be the deficiency the same would be made good by them. Two days prior to Karva Chauth, he received a letter from Saroj saying that father of her husband was not satisfied with the sum of Rs.200/- which had been given by them for the Karva Chauth festival. She also told that whatever items were to be sent by the complainant for Karva Chauth festival should be sent to Secundra Rao and not to Ballabgarh. It was because of the fact that Kedar Nath and his wife resided at Secundra Rao. Consequently, his father and he along with the requisite items valuing about Rs.1,000/- went to Secundra Rao. Kedar Nath desired to know as to why they had not made up the deficiency of the items which were required to be given at the time of marriage. He also complained about the insufficiency of weight of the ring and the chain. They told him that they would send their own television set immediately and other items would be supplied when convenient and as soon as possible. In or about the first week of November accused Ashok Kumar and Saroj came to their house at Mussoorie. Ashok Kumar started talking about television set, scooter, refrigerator and of insufficient weight of the ring and the chain. He was told that one tola of gold would be given to him in June 1985. He was also told that he would besent television set to Ballabgarh as soon as its licence was prepared. He was also told that a dressing table and a set of quilts and mattress would be sent very soon. He was also told that whatever deficiency was still left, he should better talk to them and not to harass and torture Saroj. In the month of December, 1984 he received another letter from Saroj that she was being beaten, abused and tortured by her husband. On receipt of the letter he and his wife Sheela reached Ballabgarh on 8th/9th of December, 1984. Ashok Kumar accused again took up the topic. He was told that the licence of the television set had not yet been prepared and that as soon it was received, it would be sent to him. He was also told that a promise had already been made to send him gold weighing one tola in June 1985. The Namkaran Sanskar ceremony of the son of his younger brother Sham Lal was to be performed and in that connection he went to Ballabgarh on 14th of January 1985 to take Saroj with him. Saroj told him that the demand for scooter and refrigerator was still persisting. She also told him that her husband never missed beating her. She also told him that whenever she visited Secundra Rao, her father-in-law and mother-in-law continued taunting her. When he asked her to accompany him, she told him that her husband would not permit her till the deficiency in dowry was made good. He then went to the factory where Ashok Kumar was working and found him visibly annoyed. He told him clearly that so long as deficiency in dowry was not made good, he would not permit Saroj to go to Mussoorie. He accordingly left for Mussoorie on the same evening. He reached Mussoorie in the evening of 15th of January, 1985 when his neighbours M/s. Sawhney Paints informed him that they had received a telephonic message that Saroj had died. He was tired and unwell and, therefore, his father and his brother Narain immediately left for Ballabgarh. His father suffered a heart attack on coming to know about the death of Saroj. He revived and ultimately died on 26th of August, 1985. This witness then proved the F.I.R. lodged by his father and the letters Exs. PD to PG written by his sister. It may be mentioned that letter Ex.PG was received after the death of Saroj. It was received by post in the envelop Ex.PH.