RAMESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment we propose to dispose of CRA-D-513-DB-2003 filed by accused-convict Ramesh Chand (since dead) and others against State of Haryana and CRR-1985-2003 filed by complainant-Dhanpat Rai against Ramesh Chand and others, all of them aggrieved by impugned judgment dated 06.05.2003 passed by the Court of Additional Sessions Judge, Panipat vide which accused-Ramesh Chand (since dead), Pawan and Kanta (since dead) were convicted for offences under Section 304-B and Section 498-A of the Indian Penal Code ("IPC" for short) and order of sentence dated 07.05.2003 sentencing them to undergo rigorous imprisonment for life for the former offence and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- each for the latter offence and in default of payment of fine to further undergo rigorous imprisonment for three months. All the substantive sentences were ordered to run concurrently.

(2.) Appellants-accused prayed that the impugned judgment and order of their conviction and sentence be set-aside by way of acceptance of their appeal CR-A-D-513-DB-2003 and they be acquitted of the charge framed against them. Whereas by way of filing CRR-1985-2003, complainant-Dhanpat Rai prayed that revision petition be accepted and the impugned judgment and order of sentence be modified as regards acquittal of accused-Seema and heavy amount of fine be imposed upon all the four accused out of which due compensation be awarded to the petitioner.

(3.) Briefly stated the prosecution story as it unfolded during the trial is that complainant-Dhanpat Rai submitted a written application Ex.PA dated 12.06.1999 addressed to the SHO, Police Station, Samalkha, in which he had contended that he had four daughters and three sons; that his daughter Sudesh aged about 22 years married with Pawan Kumar son of Ramesh Chand, Mahajan, resident of Samalkha Mandi, on 07.12.1996 according to Hindu rites and ceremonies; that he had given dowry articles at that time and even thereafter, beyond his capacity; that about one year of the marriage, Pawan Kumar (husband), Ramesh Chander (father-in-law), Kanta Devi (mother-in-law) and Seema (sister-in-law) used to harass Sudesh for bringing less dowry; that on two occasions at asking of his daughter Sudesh he (complainant-Dhanpat Rai) along with Dharam Pal son of Sant Ram resident of H. No. 122 Model Town, Jind Road Kaithal and Anil son of Ram Kumar, Mahajan, resident of Cheeka Mandi met husband and father-in-law of Sudesh and gave them Rs. 1 lac each for the business purpose. The money was paid firstly on 15.12.1997 and secondly on 22.07.1998, despite that the harassment and beating of Sudesh at the hands of her husband and her in-laws family continued so as to force her to bring more dowry; that about 10 days earlier her daughter came to him at Faridabad and told him that her husband, father-in-law, mother-in-law and sister-in-law used to beat her up and harass her for bringing more dowry and if their demand was not considered then they would kill her.