JARNAIL SINGH ALIAS TITU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 17.4.1998, vide which the Additional Sessions Judge, Kurukshetra convicted Jarnail Singh alias Titu, husband, Shanti Devi, wife of Jagir Singh, mother-in-law and Jagir Singh s/o Krishan Singh, father-in-law of Sudha Rani, deceased, for the offences punishable under Sections 304-B and 498-A read with Section 34 IPC, and the order dated 20.4.1998, whereby all the accused (now appellants) were sentenced to undergo imprisonment for life each, for the offence punishable under Section 304-B read with Section 34 IPC and further sentenced them to undergo rigorous imprisonment, for two years each for the offence publishable under Section 498-A read with Section 34 IPC and to pay a fine of Rs. 1,000/- each, in default to undergo rigorous imprisonment for a period of six months each. All the substantive sentences were ordered to run concurrently.

(2.) THE facts, in brief, are that Surjan Singh, complainant was serving as Manager in Mini Bank, in village Chudiala, having three daughters and three sons. He married his younger daughter, Sudha Rani, on 4.5.1992 with Jarnail Singh alias Titu, s/o Jagir Singh, accused r/o Marcheri P.S. Ladwa, in accordance with the Hindu religious rites and ceremonies. At the time of marriage of Sudha Rani with Jarnail Singh, accused, Surjan Singh had given sufficient dowry, beyond his financial resources, to Sudha Rani, in the shape of Istri Dhan, so that she may be able to start her own house, in a comfortable manner. Jarnail Singh is an agriculturist. In the month of January, 1995, Jarnail Singh alias Titu, his mother Shanti Devi and father Jagir Singh gave too much beatings to Sudha Rani. Surjan Singh, complainant, along with his wife Surjit Kaur on coming to know about this incident, came to the matrimonial home of their daughter and took her along for her treatment. She was got admitted in the hospital of Dr. Nandra in Ambala Cantt. Sudha Rani remained under the treatment of Dr. Nandra for 3 to 4 months. Thereafter, a Panchayat was convened, consisting of the relations of both the parties, and, in that Panchayat, Jagir Singh father-in-law of Sudha Rani, assured that there would not be repetition of any such incident, in future, and they would not demand anything. Despite that, the accused continued giving beatings and taunting Sudha Rani continuously. Whenever, Sudha Rani used to visit her parents, at Village Kesri, she told them that she was being beaten by her in- laws. She also used to tell them that Shanti Devi, her mother-in-law used to taunt her that either Jarnail Singh should be got recruited to some government job, or they should be paid cash amount of Rs. 1 lac, so that he may start some business of his own. Sudha Rani also wrote a letter to her father, in this regard. Surjan Singh-complainant had sent his son Jagmeet Singh to the matrimonial home of her daughter Sudha Rani in Village Marcheri, three or four days before 14.11.1995, and the demand aforesaid was also repeated in his presence. On return to the village, Jagmeet Singh told Surjan Singh- complainant that Sudha Rani was much worried, because her in-laws had again started subjecting her to cruelty, and that she was being compelled either to bring Rs. 1 lac, in cash, for starting some business by Jarnail Singh or for getting himself recruited to some government service.

(3.) AN application Ex. PG/3, was scribed by Purshotam Lal, Sub Inspector for post-mortem examination of the dead-body of Sudha Rani. He handed over the said application, along with the dead body of Sudha Rani to Sahib Singh for getting the post-mortem examination done from the Medical Officer in LNJP Hospital, Kurukshetra. Thereafter, the place of occurrence was inspected by Purshotam Lal, Sub-Inspector, in the presence of Surjan Singh, complainant, and other respectables of the village. He prepared the site plan Ex. PM. From the residential room of Sudha Rani, a part of scarf (dupatta), Ex. P-9, after untying the same, from the ceiling fan with which it was tied, was taken into possession vide recovery memo Ex. PJ after converting the same into a sealed parcel, attested by Surjan Singh and Hakam Singh, prosecution witnesses. On reaching the Police Station, the case property was deposited with the MHC of Police Station, Ladhwa, with seals intact. Thereafter, Purshotam Lal, Sub- Inspector returned to Police Post, Babain, where Head Constable Sahib Singh handed over to him a copy of the post-mortem report and the sealed parcel containing the viscera etc. of the deceased which were returned to Sahib Singh, who deposited the same with the MHC of Police Station, Ladwa.