BIMLA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BIMLA Devi and her son Satish Kumar were convicted by the Additional Sessions Judge, Bhatinda, on August 30, 1985, under Section 306 of the Indian Penal Code and sentenced to rigorous imprisonment for five years and to pay fine of Its. 1,000/- each. In default of payment of fine, they were directed to undergo further R.I. for six months.

(2.) THE occurrence took place on August 17, 1984 at Bhatinda. Subhash Kumari wife of Satish Kumar accused committed suicide by burning herself with kerosene oil. Information of the incident was sent to her parents at village Goniana. Ramesh Kumar brother of the deceased and others reached Bhatinda and on the statement of Ramesh Kumar Exhibit PA, made to the police, case was registered vide first information report Exhibit PA/2, under Sections 306 read with Section 34 of the Indian Penal Code, against Bimla Devi and her two sons Satish Kumar and Narinder Kumar. Subhash Kumari was married to Satish Kumar accused about 10 months before the occurrence, After few days of the marriage Subhash Kumari complained that her mother-in-law Bimla Devi, husband Satish Kumar and husband's brother Narinder Kumar (all three accused) quarreled with her for bringing lesser dowry and they were demanding Rs. 25000/- to be brought by her for starting a cloth shop. About 20 days before the occurrence, when Ramesh Kumar came to take away Subhash Kumari from Bhatinda for Teej festival, Satish Kumar and Bimla Devi accused taunted him that they were Malangs (without any resources) and they had given nothing in dowry whereas people used to fill the houses of their daughters with articles. Ramesh Kumar had replied that they had done whatever they could do and would further give. Satish Kumar accused had retorted that they would pay nothing and they would themselves finish her. Bimla Devi also stated at that moment that Subhash Kumari should relieve them by herself falling in some well or ditch at Goniana and that they would not allow her to live in their house. Ramesh Kumar took away his sister to village Goniana and informed about above to his parents. On Monday, preceding the day of occurrence, Ved Parkash another brother of Subhash Kumari brought her to her in-laws house at Bhatinda. He informed them that they would sell their shop and would give them more money. In spite of that, in laws of Subhash Kumari called them Malangs.

(3.) THE prosecution produced Ramesh Kumar (PW 1) brother of the deceased, Kapur Chand (PW 2) father of the deceased, and Ved Parkash (PW 3) another brother of the deceased, who supported the prosecution case as stated above. Other formal witnesses were also produced. Kapur Chand (PW 8) was produced to prove that agreement to sell had been entered into by Kapur Chand father of the deceased for selling his shop for a sum of Rs. 55, 000/-. A copy of the agreement was also produced which is Exhibit PD dated January 7, 1984. At that time a sum of Rs. 12, 000/- was received as earnest money by Kapur Chand (PW 2) father of the deceased. He further deposed that Kapur Chand (PW 2) father of the deceased had informed him that the shop was being sold to meet the demands of in-laws of Subhash Kumari. All the three accused denied the prosecution allegations in their statements under Section 313, Criminal Procedure Code. Satish Kumar accused took up a plea that Subhash Kumari was not feeling happy as he himself was an impotent person. He further stated that after the occurrence he removed Subhash Kumari to the hospital and incurred all the expenses on her medical treatment. He denied the allegations of demand of dowry articles or a sum of Rs. 25,000/-. In defence Dr. Sat Pal (DW. 1) and Dr. S.K. Gupta (DW 2) were produced to show that Satish Kumar accused was impotent. Satish Kumar accused himself appeared as D.W.3. The learned Additional Sessions Judge, Bhatinda, from the evidence produced, acquitted Narinder Kumar accused and convicted and sentenced the present appellants.