SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated February 24/28, 1994, passed by the Additional Session Judge, Kurukshetra, whereby the appellant has been convicted for the offences under Sections 304-B and 498-A of the Indian Penal Code, and sentenced to undergo life imprisonment for the offence under Section 304-B, IPC and to undergo rigorous imprisonment for two years for the offence under Section 498-A, IPC. The sentences have been ordered to run concurrently.

(2.) THE prosecution case, as can be gathered from the record of the trial Court, is that the appellant was married to Raj Bala (the deceased) somewhere in the year 1990. As per custom, Raj Bala came to her parents' house, and after staying there for about one month she was taken to her matrimonial house in village Samsipur by the appellant. After about 4/5 months, she again came to her parents' house. After about one month, the appellant came to take her back to the matrimonial home. At that time, the appellant asked for a loan of Rs. 20,000/-, to enable him to become a co-sharer in a tempo, from his father-in-law Shri Mohar Singh, who arranged the same from one Khairati Lal on interest at the rate of 2 per cent per month. The appellant had returned a sum of Rs. 10,000/- towards this loan. After about 2 years of her marriage, Raj Bala came to her parents' house and told them that they (the appellant and Raj Bala) were facing scarcity for milk and as such a buffalo be given to her. On her request, her father Mohar Singh purchased one buffalo worth Rs. 5,000/- and sent the same to his daughter at village Samsipur.

(3.) INVESTIGATION was carried out by ASI Raghbir Singh who prepared inquest report-Exhibit PA/3 and sent the dead body for post mortem to the LNJP Civil Hospital, Kurukshetra, through Constables Dalbir Singh and Udey Pal along with his application-Exhibit-PA. Site plan-Exhibit PE of the place of recovery was prepared. Exhibit P.1, the rope was removed from the girder of the room and was seized vide memo. Exhibit PD. In the meanwhile SHO Rajpal Singh (PW.8) reached the spot. He recorded the supplementary statements of Mohar Singh (PW.4) and Smt. Jasmero Devi (PW.5) and the case was converted to section 304-B, IPC. During the investigation, it was revealed that the appellant had given beatings to the deceased during the night 12/13.5.1993 and ran away from the house. Fed up with her life, Smt. Raj Bala committed suicide by hanging with a rope. Scaled site plan-Exhibit-PB of the place of occurrence was prepared by Mukesh Kumar Draftsman (PW.2) at the instance of Mohar Singh and two others. After completing the investigation, a charge-sheet was submitted under Section 304-B, IPC against the appellant.