STATE OF HARYANA Vs. RAM KUMAR

JUDGEMENT

(1.) THE State challenges acquittal of respondents Ram Kumar, Sumer Singh and Smt. Sarli of the charge under sections 304-B/498-A IPC for the death of Raj Bala alias Dhappa on 4.3.1997.

(2.) CASE of the prosecution is that Raj Bala was married to Sumer Singh, accused about six years prior to the occurrence. The accused subjected her to harassment after one year of marriage and made demand of dowry. PW1 Singh Ram, father of the deceased learnt about the harassment and tried to meet the demand. The accused persons were not satisfied. PW 1 Singh Ram brought his daughter to his own house and kept her for two to four months. Ultimately, with the intervention of respectables, the deceased was rehabilitated. On 3.3.1997, the complainant was informed that Raj Bala was missing from her matrimonial home. On 4.3.1997, PWs Singh Ram and other family members visited the house of the accused and came to know that dead body of Raj Bala was hanging with a tree, near the well, in the fields. Chainsukh, brother of the deceased made a statement Ex. PD at 11.50 AM to the effect that Raj Bala was married to Sumer Singh in the year 1992. No issue was born to her. She used to remain under depression. She went to bring firewood on 3.3.1997 at 2 PM but did not return. On coming to the Village of the accused, they found the dead body hanging with a tree. Raj Bala had committed suicide as she could not deliver a child. On 5.3.1997, Singh Ram PW1 moved an application Ex.PB that the police was not recording FIR and had taken signatures on blank papers and infact the accused committed dowry death of Raj Bala and police in collusion with them was not registering the case. FIR was registered on that basis and investigation was conducted. ASI Raj Singh went to the place of recovery of dead body and prepared inquest report. He sent the dead body for post mortem which was conducted by PW7. Dr. Rakesh Sharma. Viscera was sent for chemical examination. Cause of death was opined to be poison. After completion of investigation, the accused was sent up for trial.

(3.) THE accused denied the prosecution allegations and stated that the deceased was under depression and committed suicide on that account. She was never subjected to harassment.