SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment, I dispose of two Criminal Appeals No. 547-SB of 1995 (Sat Pal v. State of Haryana) and 425-SB of 1996 (State of Haryana v. Sat Pal) as both the appeals have arisen from the judgment dated 8-1995 and order dated 8-8-1995 passed by the court of Additional District and Sessions Judge. Hisar who convicted the appellant u/s. 304B read with section 498A, I.P.C. sentenced him to undergo R.I. for a period of 7 years u/s. 304B. I.P.C. but the trial court did not pass any separate sentence u/s. 498A, I.P.C. keeping in view the fact that the appellant was convicted for the major offence.

(2.) Brief facts of the case are that the present appellant Sat Pal along with Banwari Lal. Sat Narain, Saraswati and Vimla were tried for the offence u/s. 304B and 498A, I.P.C. and the case set up by the prosecution in the trial court was that Neelam deceased was married to the appellant Sat Pal on 15-5-1989. At the time of the marriage sufficient dowry articles were given to the deceased as per the capacity of the complainant party but the accused persons were not satisfied with the dowry articles given to the deceased Ishwar Singh, father of the deceased, had expired about one year prior to her marriage. Balwant Singh, P.W. 7 elder brother of the deceased used to visit her matrimonial home situated in Village Pilli Mandoori. District Hisar. As and when he visited the house of his sister the deceased used to complain to her brother that she was being treated with cruelty by the appellant and his companions on account of demand of dowry. Similarly as and when the deceased used to visit the house of her parents situated in Village Baruwali-1, she used to make a narration to her brother that the appellant and his companions were harassing her for bringing more dowry from the house of her parents. Further the deceased used to tell that all the accused had also given her beatings on account of bringing inadequate dowry. So much so, the deceased wrote certain letters to her parents complaining that cruelty was being meted out to her on account of insufficient dowry. After hearing these complaints, complainant Balwant Singh. Kasturi Devi, his mother in the company of other respectables went to the house of the appellant Panchayat was also arranged. It is the story of the prosecution that one month prior to the death of Neelam, a Panchayat was convened by the complainant party consisting of Amar Singh, Sarpanch. Bhajan Lal. Panch. Balbir, Panch and Mohan Lal, a retired D.S.P. In the said Panchayat. Appellant Sat Pal and his father Banwari Lal (since acquitted) had put a demand of Chest (Tijori) and a sum of Rs. 10,000/- and they also assured the complainant party that in future they would not harass the deceased. After that, the demand of Chest (Tijori) was met by the complainant party but it could not make the provision of Rs. 10,000/- so that it may be paid to the appellant, However, an assurance was given to the accused that the amount would be arranged within two months. On 8-3-1995 the deceased had also attended the marriage of the son of her uncle, at Village Bikaner in District Rewari, and from there, she had straightaway gone to her in-laws house.

(3.) The story of the prosecution proceeds that on 11-3-1994 at about 6/7 PM. Neelam committed suicide or she was murdered at the house of her in-laws in Village Pilli Mandoori and in this regard information was received by the complainant-party at about 11-30 P.M. on the same day through one Mahabir son of Budh Ram, resident of Village Pilli Mandoori. On receipt of the information. P.W. 7 Balwant Singh, who is complainant in this case and P.W. 8 Kasturi Devi along with Sarpanch Amar Singh had first gone to Sirsa and from there they took Mohan Lal. a retired D.S.P. their relation and then they all reached village Pilli Mandoori. They saw the dead body of Neelam lying on the cot in the Chobara of her in-laws, house. On their further enquiry it transpired that Neelam had either committed suicide or was murdered by the accused. Thereafter, P.W. 7 Balwant Singh left for the police station for lodging the report but on the way at Bus Stand, Pilli Mandoori he met the police party headed by 31 Nihal Singh. before whom he made his statement, Ex. P.K. The statement was read over and explained to him and he signed the same in token of its correctness. Thereafter. P.W 11 SI Nihal Singh made his endorsement Ex. PK/l underneath that statement and sent the same to the police station, through Constable Ravinder Kumar, for registration of the case on the basis of which formal F.1.R. Ex. PK/2 was recorded u/ss. 304-B and 498-A, I.P.C. by Shri Lakhbir Singh. Thereafter, 1.0. Nihal Singh, SI, rushed to the place of occurrence. He prepared the inquest report on the dead body of Neelam, Ex. PB, and the dead body was sent for postmortem examination along with his application, Ex. PA. From the spot. S.1. Nihal Singh also took into possession one Saree, found tied with the woodenrafter of the ceiling, vide recovery memo Ex. P.N. S.I. Nihal Singh, then, prepared the rough site plan, Ex. Pc of the place of occurrence and recorded the statements of Kasturi Bai, Shri Chand and other witnesses. After the post-mortem examination, constable Ravinder produced the postmortem report and other sealed parcels containing the/belongings of the deceased, which were taken into possession vide recovery memo, Ex. Pc. Appellant was arrested on 17-3-1995 when he was produced by Ram Chander. Sarpanch of Village Pilli Mandoori. Part investigation was also conducted by S.I. Scm Raj, who on 24-4-1994, took into possession the letters Exs. P-1 to P-3 and Bahi, Ex. P-4, vide recovery memo Ex. PL. when these letters and Bahi were produced by Balwant Singh. P.W. 7. A supplementary statement of Balwant Singh was also recorded and on the completion on the investigation of the case, the accused were challenged in the court of the Illaqa Magistrate, who supplied the copies of the documents to the accused according to law free of cost and vide commitment order dated 13-7-1994. committed all the accused to the court of Sessions. Vide order dated 12-8-1994, the trial Court framed charges against the appellant and his companions u/ss. 304B and 498A. I.P.C. The charges went read over and explained to them to which they pleaded not guilty and claimed trial.