RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21-9-1994 passed by the Additional Sessions Judge, Faridabad in Sessions Case No. 110 of 31-8-1993. By this judgment the learned Additional Sessions Judge convicted the appellant under Section 304-B, I.P.C. and sentenced him to undergo imprisonment for life.

(2.) A case under Section 304-B, I.P.C. was registered against the appellant at Police Station NIT, Faridabad, on 16-5-1993 at 2.35 p.m. on the basis of statement of Jaggan Nath (P.W. 3) who is the father of the deceased Suman. Jaggan Nath in his statement stated that about 7/8 years ago, he had married his third daughter Baby to appellant Ramesh and his said daughter died due to illness about one year ago. After the death of Baby, he married his younger daughter Suman alias Gabri to the appellant according to Hindu rites about 10/11 months back and had given dowry according to his status. He further submitted that appellant Ramesh was addicted to liquor and did not earn anything and for this reason his family separated Ramesh and thereafter he along with his wife Suman started living separately. Ramesh used to beat Suman and asked her to bring dowry from her parents and since he was poor man be could not fulfil his demand. He then stated that on the morning of 16-5-1993, he came to know at his home that his daughter Suman was admitted in BK Hospital,Faridabad in a burnt condition at night and she had expired during the night. He also stated that on enquiry, it was revealed that Ramesh had burnt his daughter Suman last evening out of greed for dowry. As stated earlier the FIR was registered on 16-5-1993 at 2.35 p.m. and special report was delivered at the residence of Illaqa Magistrate on 17-5-1993 at 7.30 a.m. After registration of the case, Dharam Singh SI (P.W.-6) visited the spot and prepared Rough Site Plan Ex. PG with marginal notes. He also took into possession burnt pieces of clothes, stove vide memo Ex. PH.

(3.) Dr. A. K. Gupta (P.W.-1) examined Suman on 15-5-1993 and found the following injuries :-