JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants, in this appeal, impugn the judgment/order dated 14.9.1998/16.9.1998 passed by Mr. Dewan Chand, the then Additional Sessions Judge, Hisar whereby they were convicted under Sections 304-B/34 and 498-A/34 IPC and Krishna and Lal Chand accused were sentenced to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 304-B IPC. Joginder Singh accused was sentenced to undergo rigorous for a period of ten years for the said offence. The accused were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- for the offence punishable under Section 498-A IPC. In default of payment of fine, the defaulting accused was ordered to further undergo imprisonment for a period of three months. All the sentences were ordered to run concurrently.

(2.) SHORTLY , the facts of the prosecution case are that deceased Savitri was married with Joginder Singh accused about five years prior to the date of occurrence and sufficient dowry according to the capacity of the parents of deceased Savitri was given at the time of marriage but the accused were not satisfied with the quantum of dowry and they started harassing the victim immediately after the marriage. Even accused and the members of his family used to oust deceased Savitri from her matrimonial home and her father alongwith her maternal uncle Dharampal used to leave her at her matrimonial house and they used to request the accused to keep deceased Savitri with due care. About two months prior to the date of occurrence, deceased Savitri was sent by her in-laws to her parent's house asking her to bring Rs. 20,000/- for purchasing a tractor. Accordingly, the deceased came to her parents' house and asked her parents to arrange Rs. 20,000/- for handing over the same to the accused for purchase of a tractor. Her father arranged the money. The father of the deceased alongwith Dharampal went to the house of the accused and handed over the said money to them. They again requested the accused to keep deceased Savitri with due respect.

(3.) ON 19.5.1996 at about 4.00 AM, Rajinder son of Khem Chand and Ram Chander son of Bisala came to the house of the complainant and disclosed that deceased Savitri had taken some insecticide and had died. Then, the complainant along with his father went to village Daulatpur and narrated the incident to Dharampal, who also accompanied them to village Kohli where they asked the accused about the reason of death of Savitri but they could not give any positive reply and they begged pardon. Suspecting foul play, the matter was reported to the police by Sadhu Ram.