GOBIND RAM AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Gobind Ram and Prem Sagar (husband and father -in law respectively of deceased Suman) are in appeal against their conviction under Sections 498 -A and 302 read with Section 34 of the Indian Penal Code.

(2.) SUMAN , daughter of PW 14 Urmila, was married to appellant Gobind Ram in the year 1994. From the very day the marriage took place, the appellants used to mal -treat Suman on account of her inability to fulfill their dowry demands. Even the convening of a brotherhood Panchayat did not yield any fruitful result. On the relevant day, about 15 -20 minutes before the impugned episode, Suman went over to PW 13 Jyoti and informed her that she was being belaboured by her husband and father -in -law. She was actuated to go to her as they were related to each other. (It is in the testimony of PW 13 Jyoti that her mother -in -law is real Bua of Suman i.e. Suman was daughter of maternal uncle of husband her husband.) At the relevant time, Suman was spotted in the street while she was ablaze. Appellant Gobind Ram and Jyoti PW 13, in their effort to put out the fire, sustained burns. In her dying declaration (recorded by PW 3 Shri C.B. Sheoran, the then Chief Judicial Magistrate, Rohtak), Suman made a categorical averment that she had been set afire by both the appellants. She also made a precise averment that her husband (appellant Gobind Ram) would not give her funds to run the household, would harass her and that both the appellants had been harassing her in spite of the fact that her father had given sufficient dowry.

(3.) AT the trial, the prosecution version was testified on oath by PW 13 Jyoti and PW 14 Urmila (mother of the deceased lady). PW 1 Sumir Kumar, Record Keeper, PW 8 Amir Chand Taneja, PW 9 HC Ram Dhari, PW 11 HC Ram Kishan, PW 12 Retired UGC Ganga Ram are witnesses whose testimony is formal in character. PW 15 SI Harbans Lal is the Investigating Officer of the case.