LAWS(P&H)-2007-7-108

STATE OF HARYANA Vs. RAM SINGH

Decided On July 03, 2007
STATE OF HARYANA Appellant
V/S
Ram Singh And Ors. Respondents

JUDGEMENT

(1.) THE State of Haryana has challenged the judgment dated 1.5.2006, passed by learned Additional Sessions Judge, Faridabad, acquitting accused Ram Singh, Prem, Dharamwati, Har Lal and Rattan Lal i.e. father, mother, sister and uncles of Nihal, husband of deceased Hem Lata.

(2.) THE prosecution story, in brief, is that Hem Lata daughter of Hari Ram, complainant, was married to Nihal on 21.11.1996. Sufficient dowry was given by the complainant (Hari Ram), as per his financial means. Just after the marriage, accused Nihal, his other relatives and grand -father Sukhi Ram, started treating Hem Lata with cruelty, as they were not satisfied with the dowry. On 18.9.2000, accused Nihal came to the house of the complainant and made a demand of Rs. 50,000, for setting up a shop. He was accompanied by his father, Ram Singh. When the complainant expressed his inability to meet the alleged demand, accused Nihal said that he should think about the welfare of his daughter. However, on 28.9.2000, Hem Lata is stated to have been burnt to death by the accused in their house. Complainant Hari Ram made an application, Ex. PA, to the Police, on the basis of which, First Information Report was registered against Nihal, his father Ram Singh, mother Prem, sister Premwati and grand -father Sukhi Ram. Meanwhile, Sukhi Ram died, therefore, charge under Section 304B read with Section 34, I.P.C. was framed against three accused only i.e. Nihal, Ram Singh and Smt. Prem.

(3.) LEARNED Trial Court, after taking into consideration the entire evidence on record, acquitted all the accused of the charge framed under Section 304B read with Section 34, I.P.C. Only accused Nihal, husband of the deceased, Hem Lata, was convicted for the offence under Section 498A, for treating her with cruelty and for the demand of dowry, vide impugned judgment.