SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) P K Jain, J 1. This appeal is directed against the judgment and order dated January 10,1994, passed by the Additional Sessions Judge, Jagadhri, whereby the appellant has been convicted for the offences under Sections 498-A and 304-B, Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500/-, and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 498a, IPc to undergo life imprisonment for the offence under Section 304-B, IPC. Both the substantive sentences have been ordered to run concurrently.

(2.) THE prosecution case, as can be gathered from the record of the Trial Court, is that the deceased Smt. Raj Kumari was married with the appellant somewhere in the year 1985. Out of this wedlock two children, i. e. a daughter and a son were born. There was miscarriage regarding the third pregnancy.

(3.) SOMEWHERE in the middle of July 1990, the appellant came and informed his father-in-law Hari Singh that Raj Kumari was missing from his house with effect from 17. 7. 1990. On getting this information, Hari Singh (PW 8), his brother Raghubir Singh (PW10) alongwith other co-villagers made search for Raj Kumari hither and thither and in the nearby relations, but in vain. Ultimately, smelling some foul intention on the part of the appellant and his parents, Shri Hari Singh (PW 8) lodged an FIR (Exhibit PA) on 6. 8. 1990 for an offence under Section 364, IPC at Police Station Sadar, Yamuna Nagar. However, search of Raj Kumari continued.