VINESH KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The applicant who is father of deceased Annu, has filed this application for grant of leave to appeal against the judgement dated 21.10.2016, passed by learned Addl.Sessions Judge, Sirsa vide which respondent-Gaurav has been acquitted of the charges under Sections 498-A, 304-B and 302 IPC.

(2.) Complainant Vinesh Kumar (PW8) made a complaint dated 31.3.2014 (Ex.P6) on the basis of which FIR No.326 dated 31.3.2014 under Sections 498-A, 304-B and 302 IPC was registered at Police Station City Sirsa to the effect that he works as a Fitter in the Agriculture Department at Bhiwani. He has a son, aged 24 years and a daughter, namely, Annu aged 22 years. His brother-in-law (Jija), namely, Naresh Kumar son of Shri Ram Chander resident of Khanna Colony, Sirsa had arranged the marriage of Annu with the accused-respondent Gaurav, which was solemnized on 14.2.2014 as per Hindu rites and ceremonies at Bhiwani. It is further alleged that dowry beyond his capacity was given to his daughter including Rs. 3 lakhs in cash for purchase of a car, 10 tolas of gold jewellery, LED TV, utensils, clothes, furniture etc. in the form of istri dhan was handed over to the father of respondent No.2 and his mother, namely, Kashi Ram and Suman, respectively. After two days of marriage, her in-laws expressed their unhappiness with the dowry articles and all of them taunted that they were expecting big car and they have been let-down in the society for giving less dowry in the form of small car. It was also alleged that all the accused asked the deceased that if she wanted to get herself settled in her matrimonial home then she should bring Rs. 4 lakhs cash from her parents for purchasing a big car. Upon hearing so, the deceased retaliated and told her in-laws that her parents have already given the dowry more than their capacity and they cannot afford anything more as to fulfill their demand. Upon this, all of them started misbehaving and giving beatings also to Annu and thereafter, on 9.3.2014, the complainant brought Annu to Bhiwani and she narrated the entire story to the complainant and her mother Rajni. After 3 days, the complainant and his wife came to the matrimonial house of Annu and requested all the four accused not to harass and humiliate their daughter and whatever dowry was given was beyond their capacity and still whatever is possible, they would continue in future, but they should not taunt Annu and treat her as their own family member. But despite that they continued to harass and humiliate Annu. Ultimately on 31.3.2014 at about 12.00 noon, the complainant received a telephonic call from the father-in-law of Annu that she was seriously ill and therefore, he should come immediately. Apprehending suspicion in his mind, the complainant and his wife alongwith brother of the complainant, namely, Balbir, son of the complainant (Gaurav, PW9), nephew Sanjay and other relatives reached Khanna Colony in the house of the respondent, but no one was available there. There they came to know that Annu had expired and her dead body was in Civil Hospital, Sirsa.

(3.) The investigation of the case was conducted and report under Section 173 Cr.P.C. was submitted vide which only accused Gaurav was charge-sheeted under Sections 498-A, 304-B and 302 IPC to which he pleaded not guilty and claimed trial.