SOMWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment/order dated 31.3.1998/ 1.4.1998 passed by Shri Raj Kumar, Bishnoi, the then Additional Sessions Judge, Rewari whereby both the accused have been convicted under Section 304-B IPC and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) A brief resume of the facts necessary for the disposal of this appeal are that Dalip Singh son of Shri Dig Ram, caste Ahir, resident of village Nikhri, was working as a Deputy Superintendent of Police in C.R.P.F. and was posted at Mathura. He was having four daughters and one son. His daughter Kamlesh was married with Satyavart accused about three years prior to the present occurrence. He gave sufficient dowry in the marriage. After some time of marriage, Satyavart and his mother Somwati started maltreating Kamlesh for bringing insufficient dowry. She disclosed about this fact to her mother Sarwan, who then disclosed the same to her husband Dalip Singh when he came on leave. When Dalip Singh complainant was present in his house, his daughter Kamlesh told him that her husband and mother-in-law used to torture her for bringing inadequate dowry but after pacifying her, she was sent to her in-laws house. After about four months prior to the occurrence, when Kamlesh gave birth to a son, her husband Satyavart and her mother-in-law Somwati demanded 41 Tiyals and one scooter etc. At the time of Chhuchhak ceremony, all these clothes were given but the scooter was not given as such accused Satyavart and his mother Somwati accused started maltreating Kamlesh who was then brought to her parents' house by her brother Naresh Kumar.

(3.) IT is further alleged that on 1.1.1994, the complainant received a telephonic message about the death of Kamlesh. Dalip Singh came to the village and reported the matter to the police. On his statement, the present case was registered at Police Station Sadar, Rewari by Raghubir Parshad, Sub Inspector, who then went to the spot and prepared rough site plan and also recorded the statements of some of the witnesses.