NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT No. 1 Naresh kumar and his mother Bhagti Devi, appellant No. 2, through the instant appeal, have laid challenge to the judgment and order dated 12-2-2004 and 13-2-2004 respectively passed by Addl. Sessions Judge, Kaithal in sessions Case No. 74 of 2001.

(2.) BOTH the appellants who are husband and mother-in-law respectively of the deceased Smt. Meena have been convicted under Section 304-B of Indian Penal Code and sentenced to undergo life imprisonment. They have further been convicted under section 498-A, IPC and sentenced to rigorous imprisonment for two years with fine of rs. 5,000/- each. In default of payment of fine, rigorous imprisonment for further six months has been awarded to them.

(3.) THE prosecution case, in nutshell, leaving out the necessary details is that, on 5-7-2001 Smt. Mewa Devi, mother of the deceased got recorded her statement (Ex.- PB)to the police, wherein she asserted that marriage of her daughter Smt. Meena was solemnized with Naresh son of Dalip, resident of Pabnawa about four year back, as per Hindu rites and ceremonies. Sufficient dowry was given in the marriage. About two years prior her daughter was sent to her matrimonial home where she remained happily for some days, but thereafter her husband Naresh and mother-in-law Bhagti Devi started giving beatings to her daughter on account of demand of motor cycle and Rs. 60. 000/- cash. Smt. Meena narrated all this to her as and when she visited her parental home. On many occasions panchayats were also held. About three months earlier, she sent her daughter with her son-in-law to her matrimonial home. On 5-7-2001 she was informed that her daughter has been done to death by her husband Naresh and mother-in-law Bhagti Devi. On reaching village pabnawa along with her brothers and other villagers, she noticed her daughter Smt. Meena lying dead in the house of her in-laws with injuries on her person. According to the informant, husband and mother-in-law of her daughter committed cruelty by beating, abusing and harassing the deceased on account of non-fulfilment of demand of dowry and her death also occurred for demand of dowry.