YASHWANTI DEVI & ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of aforesaid appeal, a challenge has been laid to the judgment of conviction and sentence dated 29.11.2003 vide which the appellants have been held guilty under Sections 306/34 and 498-A IPC. They had been sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs.10,000/- each under Section 306 read with Section 34 IPC. In default of fine, they were required to undergo further rigorous imprisonment for one year. They were sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.4000/- each under Section 498-A IPC. In default whereof, they were to undergo further rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The appellants are the parents-in-law and husband of deceased Mukesh. Mukesh was married to Rajesh on 25.07.1996. She died an unnatural death (by hanging) on 01.04.2003 i.e. within seven years of her marriage. Allegations are that there were persistent demand of dowry by the accused. The deceased was harassed and treated with cruelty due to nonfulfilment of demands. On the complaint of Birkha Ram (PW9), father of the deceased, case was registered, he suspected that either his daughter had been killed by the accused or she had committed suicide fed up by the persistent demands. Autopsy was carried out. The cause of death ws stated to be asphyxia due to hanging.

(3.) The appellants were arrested and put to trial. Charge under Section 304-B read with Section 34 IPC was framed. Alternate charge under Sections 302 read with Section 34 IPC and under Section 306/ 34 IPC was framed.