HEM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Hem Karan son of Sher Singh; his brother Udey Singh and two sons of Udey Singh namely Manoj Kumar and Daulat Ram. They were tried in case FIR No. 93 dated 6.5.1996 registered at Police Station Jatusana under Sections 306/34 IPC. They were charged by the Court of Additional Sessions Judge, Rewari that they, on 6th May, 1996 in the area of village Shahadatnagar, abetted suicide of Meena daughter of Pohap Singh and they had committed offence under Section 306 read with Section 34 IPC.

(2.) APPELLANTS were convicted by the Court of Additional Sessions Judge, Rewari vide impugned judgment dated 29.11.1997 under Section 306/34 IPC and were awarded four years rigorous imprisonment and a fine of Rs. 300/-. In default of payment of fine, they were ordered to further undergo rigorous imprisonment for a period of one month. Aggrieved against the same, the present appeal has been preferred.

(3.) THE matter was investigated. Report under Section 173 Cr.P.C. was submitted. As stated above, appellants were charged and the trial commenced. Complainant (Pohap Singh) appeared as PW-1. In the Court he stated that on 5th May, 1996 at 5/5.30 p.m. Udey Singh accused stated that Meena was his 'Bodriya' (younger brother's wife). Both Daulat and Manoj remarked that she was their 'Chachi' (aunt). In cross-examination, he admitted in cross- examination that his daughter had failed to qualify 10th class examination and she had dropped studies and she was approximately 18 years old. He further stated in cross-examination that on 6th May, 1996 at 10.00 a.m. he was informed on telephone about the death incident by his nephew Naresh. He further stated in cross-examination that he had received all information from his wife and brother, however Jai Narain had also told him about what he heard regarding the incident or harassment of Meena at the hands of accused, but complainant had never heard and seen with his own eyes. He stated that no panchayat was convened in the village regarding the incident of harassment of his daughter by the accused as it was feared by his people that it shall adversely affect the future life of unmarried girl. He also admitted that there was a litigation regarding landed property between him and the accused from the year 1988 and the matter was subsequently compromised. He also admitted that the case under Section 307 IPC was registered against him at the instance of the accused Hem Karan. He denied the suggestion that his son Darminder has fired a shot with a fire-arm at Hem Karan due to which he remained admitted in Safdarjang Hospital, Delhi for treatment. However, he admitted that the accused had named his brother Raj Kumar and witness Jai Narain as accused in that case. Jai Narain PW-2 corroborated the testimony of PW-1, Pohap Singh. He was confronted with statement (Ex.DA) regarding what was uttered by the accused as same was not stated in his statement under Section 161 Cr.P.C. PW-3 Dr. Kamal Mehar had conducted autopsy on Meena. He proved post-mortem report (Ex.PC) and opined that cause of the death was hanging, which resulted into asphyxia, which was ante-mortem in nature. PW-4, Raj Kumar stated that on 5th May, 1996 he was present in his house. When he learnt that accused had called Meena by name, them he went there and Meena told him the entire incident. He further stated that he was told by Meena that she was fed up with the behaviour of the accused and would attempt to end her life, upon which he had consoled her. PW-5 Naresh Kumar is a draftsman. PW-6 Constable Gurdial Singh has witnessed the recovery of rope from the scene of suicide. PW-7 ASI Ram Avtar on receipt of statement (Ex.PA), had recorded the formal FIR (Ex.PA/1). PW-8 ASI Tula Ram had arrested all the accused on 10th May, 1996 as he was then posted as SI/SHO Police Station Jatusana. PW-9 Constable Karan Singh had delivered the special report to CJM, Rewari on 6th May, 1996. PW-10 SI Phool Singh had prepared report under Section 173 Cr.P.C. Smt. Krishna PW-11 is wife of the complainant, Pohap Singh PW-1 and the mother of deceased Meena. She stated that about three years ago Hem Karan had inflicted injury on her head by a Gandasa and in that case accused was facing trial in the Court of Judicial Magistrate at Rewari. She stated that due to that, her daughter Meena became target of ire and anguish of the accused. On 15th April, 1996, she had gone to depose in the hurt case against the accused that Hem Karan caught hold of her daughter Meena and dragged her into his house and insulted her and the men-folk of her family decided against reporting the matter to the police as honour of unmarried young girl was involved. Then she had narrated the incident dated 5th May, 1996 which has also been narrated by Pohap Singh PW-1. She admitted that she was not an eye witness to the dragging incident, but these facts were narrated to her by her daughter Meena. She admitted that there was a land dispute between the accused and her family, but the same was settled. She admitted that accused and her husband are cousins. She admitted that they have betrothed Meena. The engagement continued for 4-5 months but six months before occurrence, the engagement was called off and the boy side had taken away all the jewellery which was gifted to her. PW-12 ASI Inder Singh has investigated the case and recorded the statement (Ex.PA). Thereafter, all incriminating evidence was put to the accused. They denied the same and impleaded (pleaded ?) false implication.