STATE OF HARYANA Vs. SURESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the State of Haryana against the judgment of acquittal passed by the Additional Sessions Judge, Yamunanagar at Jagadhri in Sessions Case No.72 of 1993 by an order dated 3.10.1996.The accused who were tried under Sections 304-B and 498-A of Indian Penal Code, were acquitted by giving them the benefit of doubt. It would be pertinent to mention that initially proceedings were taken against Suresh Kumar and his mother Leela Devi. On the acquittal of the said accused by the Additional Sessions Judge, Yamunanagar at Jagadhri, the instant appeal was filed against both the accused. By an order dated 1.4.1997, this Court granted leave to appeal, as against respondent No.1 Suresh Kumar. A similar prayer made in respect of respondent No.2 Leela Devi, was however declined. It is, therefore, apparent that the instant appeal is now limited to the determination of the veracity of the impugned order passed by the Additional Sessions Judge, Yamunanagar at Jagadhri dated 3.10.1996 only as against the accused Suresh Kumar-respondent No.1 herein.

(2.) The matrix of the facts on the basis whereof prosecution of the accused/respondent Suresh Kumar was initiated emerges from the complaint made by Gian Singh PW4, in connection with the death of his sister Salochna, to ASI Hem Chander PW8. It would be pertinent to mention that the death of Salochna occurred in her matrimonial home on 16.9.1993, whereas, the complainant Gian Singh PW4 made a complaint in connection therewith three days later, on 19.9.1993. According to the allegations made by the complainant Gian Singh PW4, his family comprised of his parents, and two other brothers besides himself, and one sister Salochna. According to the complainant, his sister Salochna was married to the accused/respondent Suresh Kumar on 18.2.1990 at village Bal Chhappar. A sum of Rs.1.5 lacs was spent on the marriage of Salochna. Some days after the marriage of Salochna, her husband i.e. the accused/respondent Suresh Kumar, started to make a demand for a motorcycle. Suresh Kumar allegedly threatened the complainant's sister Salochna, that in case her father and brothers did not accede to his demand, he would not keep her in his house. The demand made by the accused/respondent Suresh Kumar was communicated to her maternal family by Salochna. Whereupon, the complainant Gian Singh PW4 along with Mam Chand PW5 and Jagdish had gone to village Bal Chhappar and had pacified the in-laws of Salochna. It would be pertinent to mention that the accused/respondent Suresh Kumar was employed in the army.It was alleged that he raised the same demand whenever he came home on leave from the army. It was alleged in the complaint, that whenever the accused/respondent Suresh Kumar used to raise the demand of a motorcycle from complainant's sister Salochna, and the aforesaid demand was not met, he used to give her beatings. This had happened on many occasions. Recently, the accused/respondent Suresh Kumar had come on leave for 15/20 days. It is alleged in the complaint, that the accused/respondent Suresh Kumar and his mother Leela Devi, had again started harassing the complainant's sister Salochna, by making a demand for a motorcycle. It is alleged in the complaint by Gian Singh PW4 that he had gone to village Bal Chhappar on 12.9.1993 to meet his sister Salochna. On the said occasion, after the information in respect of the demand for a motorcycle was brought to his notice, he had again pacified the accused/respondent Suresh Kumar as also his mother Leela Devi. On 16.9.1993, Krishan the brother of the accused/respondent Suresh Kumar came to the house of the complainant and informed the members of the family of Salochna, that she had died after having suffered an electric shock. Consequent upon the receipt of the aforesaid information, the complainant himself, Mam Chand PW5 and Jagdish had gone to village Bal Chhappar. It was also alleged that before they had reached the village, the complainant's sister Salochna had been cremated. It is also asserted by the complainant Gian Singh PW4, that he and other members of their family tried to ascertain the cause of death of Salochna, but neither the accused/ respondent Suresh Kumar nor Leela Devi i.e. the mother-in-law of Salochna gave any reply. It is alleged that the complainant and other members of his family continued to verify the factual position from village Bal Chhappar as they strongly suspected that Salochna had been killed by her husband Suresh Kumar and her mother-in-law Leela Devi, on account of non fulfillment of their aforesaid dowry demand.

(3.) After ASI Hem Chander PW8 recorded the statement of the complainant Gian Singh PW4, he sent a ruqqa to the police station for registration of a case. He then went to the place of occurrence and prepared the rough site plan Exhibit PF. He also visited the cremation ground with the complainant Gian Singh PW4. On 19.9.1993, he arrested the accused Suresh Kumar whereas his mother i.e. the co-accused Leela Devi was arrested on 20.9.1993. It would be pertinent to mention that on the basis of the complaint submitted by Gian Singh PW4, a First Information Report bearing No.116 was registered at Police Station Bal Chhappar in police district Yamunanagar on 19.9.1993. On completion of investigation, a challan was presented in the Court of Additional Chief Judicial Magistrate, Jagadhri on 20.10.1993.