AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by Avtar Singh, Smt. Hukma Devi and Karnail Singh, convicts, is directed against the judgment and order dated April 21, 1990, passed by the learned Additional Sessions Judge, Sirsa, whereby the appellants have been convicted under Sections 304 -B and 498 -A of the Indian Penal Code, and each one of them has been sentenced to undergo rigorous imprisonment for seven years under Section 304 -B, Indian Penal Code, and to undergo one year's rigorous imprisonment and to pay a fine of Rs. 200/ - of in default of payment of fine, to undergo further rigorous imprisonment for two months under Section 498 -A Indian Penal Code. Their substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) BRIEFLY stated, the case of the prosecution is that Smt. Paramjit Kaur (since deceased), at the time of her marriage with accused Avtar Singh about 2 years before the occurrence, was given adequate dowry by her parents as per their status. After the marriage, her husband Avtar Singh and his family members started harassing her in order to bring Rs. 50,000/ - more and she was often given beating by them. Her brother Harmit Lal brought her to their house but later on with the intervention of Panchayat, she was again sent to the house of her in -laws on the assurance of the accused that they would not harass her. However, the accused did not mend their ways and started harassing again and her husband -accused Avtar Singh also used to give her beatings. Ultimately Smt. Paramjit Kaur was forced to commit suicide on the night intervening 28th/29th July, 1989 by consuming some insecticide and as a result of which she died. Harmit Lal made statement, Ex.PD, before ASI Prem Dass on 29.7.1989 at 7.30 p.m. at Budhimari Chowk; English translation whereof reads as under : -

(3.) TO prove its allegations against the accused, the prosecution examined PW.1 Dr. (Mrs.) Beena Garg, Lady Medical Officer, Civil Hospital, Sirsa; PW.2 Harmit Lal, brother of the deceased; PW.3 Simla Rani; PW.4 Kashmiri Lal; PW.5 Inderjit Singh, Draughtsman; PW.6 Inspector Rai Singh and PW.7 Constable Amit Singh.