RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of the following facts : Kamlesh and Shiela daughters of Umed Singh-PW 3 were married to accused Ram Chander and his younger brother Suresh respectively about five years prior to the incident, which took place on 4th March, 1986 at 5 a. m. Kamlesh went to her in-laws house after one year of the marriage, whereas Shiela the younger sister went to her-laws' house after three years of her marriage. Two girls namely Pinki and Banti were born to Kamlesh. As per the prosecution case, after Shiela had shifted to her in-laws' house, the accused started making a demand for a TV set, Tape recorder and Flour grinding machine and also started harassing both the sisters for bringing inadequate dowry. Umed Singh-PW 3 the complainant, thereafter, summoned Ram Chander to his house and told him that he was not in a position to fulfil their demands of a TV set and Tape recorder but a Flour grinding machine was, nevertheless, given to him. Still dissatisfied with what they had received, both the accused continued to harass their wives. Kamlesh and Shiela returned to their parental home about two months prior to the incident and informed their father Umed Singh of all that had transpired, who once again summoned Ram Chander to his house and hold him that he was not in a position to meet his demands but offered to give him his bullock-cart. This offer was accepted by Ram Chander, who then returned to his house alongwith Kamlesh and Shiela. On 3rd March, 1986, both the accused gave a beating to the sisters and again told that they should meet their demands for a TV set and a Tape recorder or they should return to their parental home. During the night intervening of 3 / 4th March, 1986, both the sisters decided to commit suicide because of continuous harassment caused to them by the accused and at about 5 a. m. the next morning, Kamlesh alongwith her two children and Shiela simultaneously jumped into a well and whereas the first three were drowned, Shiela-PW 4 was taken out alive by the villagers. This, information was conveyed by Shiela to her father Umed Singh-PW 3 who then accompanied by various other persons went to Police Station, Sampla on 5th March, 1986 and recorded his statement Ex. PM. Prior to the recording of the FIR however, S. I. Phool Singh had reached the village at about 10. 30 a. m. on receipt of the information regarding the incident, but Shiela who had been taken out of the well and was badly shaken refused to get her statement recorded and told the S. I. that she would make her statement after the arrival of her father.

(2.) THE prosecution in support of its case relied upon the evidence of PW 1 Dr. Farmed Bansal, who had conducted the post mortem examination on the three dead bodies on the relevant date and had opined that the death was caused by asphyxia due to drowning, PW 3 Umed Singh the complainant and father of the deceased Kgmlesh, PW 4 Shiela, PW 5 Chand Kaur mother of Kamlesh and Shiela, who also corroborated the story with regard to the harassment suffered by her daughter at the hands of the accused; PW 6 Phool Singh Sub-Inspector, who had partly investigated the case and PW 7 Om Parkash Sub-Inspector, the other Investigating Officer.

(3.) THE Trial Court came to the conclusion that the prosecution case stood proved from the evidence of PW 3 Umed Singh the complainant, PW 4 Shiela one of the victims of the incident and PW 5 Chand Kaur; that the delay in lodging of the FIR stood explained; that the story with regard to the demand for dowry also stood proved by the evidence of the witnesses; that the defence story with regard to the reasons as to why Shiela had jumped in the well did not sound credible and having held as above convicted and sentenced both the accused as under :