RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 08.04.2003 and order of sentence dated 10.04.2003, passed by the learned Sessions Judge, Hisar, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. However, co-accused Ladia was acquitted of the charge framed against her.

(2.) The brief facts of the case are that the FIR in the present case has been registered on the statement of Baljit Singh, which was got recorded to ASI Om Parkash on 07.09.2001. Endorsement on this statement was made at 11.35 p.m. on the same date, on the basis of which, FIR No.395 dated 08.09.2001 was registered. Baljit Singh @ Kala in his statement, stated that they were five brothers and sisters and he is eldest. His father expired 13-14 years back. His sister Rajbala, who is younger to him, was married to Rakesh about three years back and they had given sufficient dowry beyond their capacity. From the very beginning of the marriage of his sister, her husband Rakesh and mother-in-law Ladia used to harass Rajbala for dowry. He, his mother Indrawati and Ajmer requested Rakesh and his mother many times to keep their honour and rehabilitate Rajbala. About five months after marriage, Rs. 20,000/- was given to Rakesh. For some days, Rakesh kept his sister nicely but thereafter, Rakesh again started demanding money and started harassing her. Then his mother gave Rs. 5000/- and a colour T.V. to Rakesh but it still could not fulfill their lust. As and when Rajbala used to visit their house, she used to tell that they are greedy of dowry. Rakesh and her mother-in-law used to taunt her for bringing less dowry and it is difficult for her to live with them. The complainant further sated in his statement that for the last about one week, his sister Rajbala had gone to the house of her Jeth-Jethani at village Gorakhpur but there also, Rakesh did not allow Rajbala to live peacefully and one day earlier, he took Rajbala to his house and harassed her and asked to bring Rs. 10,000/- from her parental house. Feeling disturbed on account of harassment due to demand of dowry by her husband and mother-in-law, his sister Rajbala had set herself on fire and is admitted in the hospital. After registration of the FIR, dying declaration of the victim Rajbala was got recorded by learned Judicial Magistrate First Class, Hisar on 08.09.2011 at 8.30 a.m., in which, the victim stated as under:-

(3.) On 01.10.2001, Rajbala died due to burn injuries. Post-mortem examination was got conducted on the dead body. Site plan was prepared. Statements of witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against the accused-appellant and co-accused.