STATE OF HARYANA Vs. SUBHASH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.7.1996 rendered by the Court of learned Additional Sessions Judge, Jind, whereby he acquitted all the three accused of the charges under Sections 498-A and 304-B read with Section 34 of I.P.C. by giving benefit of doubt.

(2.) SUCCINCTLY put, the facts of the prosecution case are that on 1.12.1995, PW Baru Ram son of Ved Pal, father of Rajbala alias Balli (deceased) made statement, Exh.PA before Sube Singh, SI/SHO of Police Station, Garhi, stating therein that "I am a resident of Village Kabarchha and am posted as a teacher in my village school. I have five children i.e. four daughters and a son. The eldest daughter is Rajbala alias Balli, aged 20/21 years, who was married to Subhash son of Jogi Ram Jat, resident of Village Ujhana in April, 1993; I had given dowry as per my status; whenever Raj Bala visited us after her marriage, she used to tell us that she was being harassed by her husband's elder brother (Jeth) Inder Singh, her husband-Subhash as also Maya, her Jethani and they repeatedly asked her to bring Rs. 40,000/- from her parents, failing which she would not be allowed to continue to stay in their house; on 26.5.1995, I went to see my daughter and handed over Rs. 15,000/- to her Jeth, Inder Singh in the presence of all the members and requested them not to harass my daughter and assured them that I would pay more money if they so demand; on 18.9.1995 my son-in-law, Subhash in the company of 3-4 persons came to our house at about 3.00 A.M. in the night and informed that Raj Bala was seriously ill and was admitted in Narwana Hospital and went back; I visited Civil Hospital Narwana on the next morning but did not find my daughter admitted there; Thereafter I searched for my daughter in private hospitals but finding no clue about her, returned to Village Ujhana, where I found my daughter Raj Bala's dead body lying on the ground; I suspected that my daughter had been murdered by her Jeth Inder Singh, Jethani- Maya and her husband-Subhash by administering some poisonous substance. The aforesaid SI made his endorsement, Exh.PA/2 and sent the same to the Police Station, where on its basis, formal FIR, Exh.PA/1 was recorded by Ram Kishan, ASI, who also made his endorsement, Ex.PA/3 regarding registration of the case. Sube Singh, SI went to the spot in the company of Baru Ram, complainant and inspected the dead body of Raj Bala as well as the spot. He lifted a plastic tumbler (monocrotophos of 36%) which was lying near the Hand Pump in the husk of Bajra. The same was converted into a parcel, sealed with his seal 'SS' and taken into possession vide Recovery Memo, Exh. PB. He prepared the inquest report and the rough site-plan showing the place of occurrence and sent the dead body to Civil Hospital, Narwana, for conducting autopsy. On return to the Police Station, he deposited the case property with seals in tact. After completion of investigation, charge sheet was laid in the Court for trial of the accused.

(3.) IN order to substantiate the allegations, the prosecution examined Baru Ram, PW-1, father of the deceased, PW-2 Kuldip Gupta Draftsman, PW-3, Dharam Vir, PW-4, Yudhbir Singh, PW-5, Yash Pal, brother of Baru Ram, PW-6 Jasbir Singh Constable, PW-7 Dr. Vijay Kumar Satija, PW-8, Ram Kishan ASI, PW-9, Suresh Kumar Constable, PW-10, Sube Singh, SI (Investigator), PW-11, Jagdish Chander, MHC, PW-12,Vajinder Singh Constable and closed its evidence by tendering Exh.PK, report of the Chemical Examiner, and by giving up PW Om Pal being unnecessary and Krishan as having been won over by the accused.