DEVI CHAND Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16/17.8.1994 passed by Additional Sessions Judge, Yamuna Nagar, whereby he convicted appellants, namely, Tara Chand, Devi Chand, Sona Devi and Lomas under Sections 304-B read with section 34 of the Indian Penal Code and 201/34 of the Indian Penal Code. All the appellants were sentenced to undergo rigorous imprisonment for seven years each under Section 304-B read with Section 34 of the Indian Penal Code. Further all the appellants were sentenced to undergo rigorous imprisonment for three years each under Section 201/34 of the Indian Penal Code and they were ordered to pay fine of Rs. 200/- each; in default thereof, they were further directed to undergo rigorous imprisonment for six months each. The sentences awarded were ordered to run concurrently. However, accused, namely, Rameshwar Dass, Naresh Kumar, Kailash Chand and Maya Ram were acquitted of the charges framed against them.

(2.) THE facts required to be noticed for the disposal of this appeal are that on the statement made by Phool Singh in Police Station Sadar Yamuna Nagar on 31.8.1992, the present case was registered, wherein he has stated that his daughter Santosh Devi was married with Tara Chand accused in the month of February 5 or 5-1/2 years back and sufficient dowry was given in the marriage. After 2 or 2-1/2 years of marriage, her husband Tara Chand, father-in-law Devi Chand, mother-in-law Sona Devi and brother-in-law Lomas started quarrelling with Santosh Devi regarding dowry. Santosh Devi sent a message to her father Phool Singh to meet her, as she was being harassed by the aforementioned accused. At this, Phool Singh went to her house and asked the abovesaid accused not to harass Santosh Devi. Devi Chand accused demanded a sum of Rs. 5,000/- from Phool Singh to get Tara Chand confirmed in service, but Phool Singh gave only Rs. 2000/- to Devi Chand after borrowing the same from his brother Chamela Ram and expressed his helpness regarding the balance amount. After receiving this amount, Santosh was kept well for 2/3 months. Again they started beating Santosh Devi. Ten months prior to 10.6.1993, Tara Chand and Santosh came to the house of Phool Singh in village Harauli on the occasion of Rakhi. Santosh Devi told her father that her father-in-law Devi Chand was demanding a television. At this, Phool Singh told Tara Chand that he will purchase a television for him after selling the paddy crop. On the date of occurrence, thereafter on 30.8.1992 at 6.30 A.M. Chamela Ram went to the house of Santosh Devi at village Isharpur and he found that Devi Chand, Sona Devi and Lomas were quarrelling with Santosh Devi. Thereafter, Chamela Ram went to Tara Chand son of Sadhu Ram, who was the middleman of the marriage and told him about it. At 12.00 (noon) he came to village Harauli and told about the occurrence to Phool Singh PW. At about 2.00 or 2.30 P.M., Phool Singh and Chamela Ram PWs were making a plan for going to village Isharpur, when a person came to them and told that Santosh Devi had died. Hence, both of them reached village Isharpur along with other villagers in a tractor trolley. They came to know that Santosh Devi had committed suicide by jumping in front of a running train on account of harassment caused to her by the accused above named on account of demand of dowry. In spite of objections raised by Tara Chand and Kartar Singh, the dead body of Santosh was cremated by the accused. It is alleged that the dead body of Santosh was taken away from Railway Station, Kalanaur by Maya Ram accused on his Jhota Buggi.

(3.) ACCUSED , namely, Devi Chand, Tara Chand, Lomas and Sona Devi-were charge sheeted under Section 498-A read with section 34 of the Indian Penal Code and 304-B read with Section 34 of the Indian Penal Code. Further they were charge-sheeted under Section 201 read with Section 34 of the Indian Penal Code. Accused did not plead guilty and claimed trial.