LAWS(P&H)-1998-8-14

RAJO Vs. STATE OF HARYANA

Decided On August 07, 1998
RAJO Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prosecution case runs as follows :-

(2.) According to the prosecution, Smt. Lata was scarified at the altar of dowry by her husband Jai Kunwar, mother-in-law Smt. Rajo and brother-in-law Mahavir on 12.6.1998 when her marriage was only 3 year old. Learned counsel for the petitioner has submitted that Smt. Rajo had nothing to do with the alleged demand of dowry upon Smt. Lata as Smt. Rajo was putting up separate from Smt. Lata and Smt. Lata was putting up with her husband separate from the rest of the family. In support of this submission, he has drawn my attention to ration card No. 956489 Azad Nagar, Panipat in which Smt. Rajo, her husband and her daughters are shown. He has drawn my attention to ration card No. 956468 Azad Nagar, Panipat where Jai Kunwar and his family is shown. In ration card No. 956468, Mai Ram, Smt. Raj Rani etc. do not figure. It has been submitted that house was partitioned long back and Mahavir, Subhash sons of Mai Ram and Jai Kunwar son of Mai Ram are in separate possession and decree was obtained by them showing that they are owners in possession of separate portions of the house. In support of this submission, he has drawn my attention to the decree sheet drawn up on 20.11.1989 by Sub Judge Ist Class, Panipat. Suffice it to say, this one house namely house No. 593 which was divided among Mahavir, Subhash and Jai Kunwar. Nothing has been brought to my notice that after the death of Mai Ram, Smt. Rajo is putting up with such and such son. Smt. Rajo, according to Manoj Kumar, brother of Smt. Lata, figured in the talk whenever his sister visited Dehradun and told them about the demand of dowry and the taunts. According to Manoj Kumar, they gave Rs. 20,000/- to Smt. Rajo in pursuance of their demand for Rs. 50,000/- and promised that he would arrange the remaining amount.

(3.) It has been submitted by the learned counsel for the petitioner that funeral took place at 7 p.m. on 13.6.1998. Brother of Lata and her cousin i.e. son of maternal uncle attended the funeral. They attended the funeral as in the morning of 13.6.1998 her parents had been informed about her death during the night intervening 12/13.6.1998 and FIR was lodged on 14.6.1998. It has been submitted that FIR was lodged on 14.6.1998 with a view to blackmail them and extract money.