PHULLAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Phullan is the mother of Satbir, Satpal is the elder brother of Satbir while Jagdish is the younger brother of Satbir and Shri Ram Chander is the father of Satbir. Smt. Phullan. Satbir. Satpal, Jagdish and Ram Chander have filed the present criminal appeal and it has been directed against the judgment and order dated 21st July, 1987, passed by the Court of Additional Sessions Judge. Jind, who convicted the present appellants under Section 498-A. Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-. In default of payment of fine each of the appellants was further directed to undergo rigorous imprisonment for a period of two months.

(2.) It may be mentioned that five appellants along with Geja Singh, Pala, Dharamvir and Faqiria were charge-sheeted under section 210. Indian Penal Code, but these four persons were acquitted under section 232 Cr. P.C. vide order dated 4th July. 1987. It may also be mentioned here that the appellants though were also charge-sheeted under Sections 306 and 201, Indian Penal Code, but vide the impugned judgment the trial court has also held that the prosecution has failed to prove the charges under these provisions and convicted the five appellants under Section 498-A of the Indian Penal Code, only, in the manner stated above.

(3.) The story of the prosecution at the trial can be summarised in the following manner: 4 Smt. Santosh (deceased) and her sister Kamlesh, daughters of am Parkash P.WA and Smt Chanda P.W.5, who were residents of village Budain. District Jind. were married to accused Satbir and Jagdish, respectively, about six years prior to August 1986, muklava ceremony of Santosh had taken place about four years prior to August. 1986, while muklava ceremony of Kamlesh had yet to take place as she was studying while residing with her parents in village Budain. Satbir. Jagdish and Satpal are the real brothers being sons of co-accused Smt. Phullan and Ram Chander. They had been residing in village Chhattar. District Jind. According to the prosecution the five appellants used to harass and torture Smt. Santosh as they were dissatisfied with the quantum of dowry brought by her. Moreover. Smt. Santosh had not yet given birth to any child. The accused also used to taunt and harass her by saying that she was barren and not a beautiful lady. Smt. Santosh used to mention about this maltreatment by the accused to her parents and also to her uncle Ratti Ram. P.W.2, during her visits of village Budain and also when they used to meet her in village Chhattar at the house of her in-laws. The appellants were also allegedly reluctant to accept the muklava ceremony of Smt. Kamlesh because they were not satisfied with the dowry articles brought by Smt. Kamlesh. The story of the prosecution further proceeds that about two months prior to the death of Smt. Santosh, Smt. Melt sister of Karam Singh P. W. 3 of village Budain but married in village Chhattar had expired. As per custom, quite a few females, including Smt. Chandda P.W.5, had accompanied Karam Singh P.W.3 to village Chhattar to express condolences on the death of Smt. Melt. During that visit Smt. Chandda P.W.5 went to the house of her daughter Santosh at the house of her in-laws i.e. the accused/appellants and then Smt. Santosh started weeping and told her mother that she was being maltreated and harassed and she was also being given beating by the accused for having brought less dowry. Smt. Chanda told to Smt. Santosh that more dowry articles would be provided after a month. i.e., in the month of Kartik when the muklava ceremony of Smt. Kamlesh was also to take place. Smt. Chanda P.W. 5 on return to village Budain informed her husband Om Parkash P.W. 4 about the maltreatment being meted out to Smt. Santosh by the appellants. A few days thereafter Om Parkash P.W.4 along with Baru P.W. 1 Sarpanch of village Budain, Gulaba P.W. 2 and Ratti Ram P.W. 3 and some other persons came in the form of Panchayat to the house of the accused in village Chhattar. All the accused and Smt. Santosh also appeared before the Panchayat. Smt. Santosh stated that she was being maltreated and harassed and also being given beating by the accused for bringing less dowry. According to the prosecution, the accused demanded, television, double bed, almirah, utensils etc. and had been giving a threat that as long as these articles were given, they would not accept the muklava of Smt. Kamlesh and would not bring her to their house. It was also stated before the Panchayat that Smt. Santosh would be turned out from the house and even she may be finished if the aforesaid articles were not given by way of additional dowry. Om Parkash P.W. 4 promised before the Panchayat that the aforesaid articles of dowry would be given in the month of Kartik after the harvesting of the crop. After giving this assurance Om Parkash and other members of the Panchayat returned to village Budain, leaving Smt. Santosh at the house of the appellants. Smt. Santosh expired in the house of the appellants on 23rd August, 1986. Accused Sat Pal brought along Krishan Kumar P.W.7 a Pharmacist of Primary Health Centre. Chhattar at his house on 23rd August, 1986 at about 2.00 p.m. to examine Smt. Santosh. On examination Shri Krishan Kumar P.W. declared that Smt. Santosh was already dead. The dead body of Smt. Santosh was then cremated by the accused with the assistance of Gaje Singh etc., who had also been tried along with the accused. On 26th August. 1986 Om Parkash P.W.4 learnt about the death of Smt. Santosh. On his inquiry from the appellants about the death of his daughter, he did not receive any satisfactory reply. Resultantly, Om Parkash went to the. Police Station. Uchana, and lodged F.I.R. (Ex. PB) which was read over and explained to him and he thumb marked the same in token of correctness. In this manner investigation started in this case.