SHARWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were convicted for the commission of offence punishable under Section 498-A of the Indian Penal Code, vide order dated 15.6.1995 of the learned Sessions Judge, Gurgaon. Appellant No. 1 Sharwan, was sentenced to undergo imprisonment for about two years and five months and also to pay a fine of Rs. 5,000/- and as he had already spent the period in custody, his sentence was ordered to be set off. Appellant No. 2 Dayawati was sentenced to undergo simple imprisonment for a period of one year and also to pay a fine of Rs. 5,000/-.

(2.) THE allegations against the appellants are that on May 6, 1992 the marriage of appellant No. 1 was solemnized with one Anita daughter of complainant Siri Chand, who was working as Sub Inspector in Delhi Police. According to the FIR, sufficient dowry had been given to appellant Sharwan. After few days of the marriage, Sharwan, his mother Dayawati, uncle Indraj Singh and aunt Premwati, allegedly harassed Anita in her matrimonial home repeatedly for bringing less dowry. The complainant took Anita to his house, where she is said to have disclosed about the ill-treatment meted out to her. On January 26, 1993, Anita's husband had forcibly taken her away from her parental home, though, he was asked by Anita's mother not to take away Anita. Appellant No. 1 is stated to have threatened the complainant's wife that he will never visit the house of his in-laws and not allow Anita to live.

(3.) THE police investigated the matter and it transpired that Anita had died as a result of hanging. After completing the investigation, a final report regarding the commission of offence punishable under Sections 304-B, 498-A and 406 read with Section 34 of the Indian Code, was filed before the Ilaqa Magistrate.