MOHINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.02.2003 and order dated 26.02.2003 rendered by learned Additional Sessions Judge (Adhoc) Fast Track Court, Sonepat, in Sessions case no.39 of 2000, whereby the appellant along with one Ram Niwas was charged with and tried for offence under Section 498-A, 304-B, 201 of the Indian Penal Code (in short 'IPC'). He was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months more for offence under Section 304-B IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month more for offence under Section 498-A IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months for offence under Section 201 IPC. Co-accused Ram Niwas was acquitted.

(2.) The case of the prosecution in a nutshell is that written complaint was lodged by Prem Chand before the SHO, Police Station Sadar Gohana on 21.08.2000. According to the averments made in the application, he was resident of village Shyamgarh. He was labourer. He had solemnized the marriage of his daughter Rekha on 18.11.1997 with the appellant Mohinder. Rekha went to the house of her husband. When she came back, she told them that all the family members of her husband were demanding dowry. He had given sufficient dowry to his daughter. However the appellant kept on demanding dowry. He took loan from various persons and used to pay this amount to husband of her daughter. His wife Roshni (PW5) and his brother Suresh also accompanied him to the house of his daughter at that time. A panchayat was also held. Mohinder had promised to mend his ways. He received information on 18.08.2000 that his daughter was ill. He went to the matrimonial house of his daughter on 19.08.2000. The dead body of his daughter had been taken to cremation ground by Hukami, Satyawan, Balwan, Naresh, Manju sons of Hukmi, Hari Om, Mohinder, Ram Niwas and Krishan. He found that dead body of his daughter Rekha was lying on the pyre. When he uncovered the dead body, he saw marks of injuries on the dead body. Her hair were dishevelled. Her clothes were torn. He told them that he will not allow them to cremate the dead body without conducting post-mortem examination. He was resisted by the family members of appellant. He was also beaten up. Kerosene was poured on the dead body and the body was put on fire. He became unconscious. The FIR was registered. Ashes and bones were recovered from the cremation ground by the police. These were sent for FSL examination. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution has examined a number of witnesses. Statements of accused were also recorded under Section 313 Cr.P.C. According to them, they were falsely implicated.