JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal earlier filed by Jai Singh and his mother Smt. Shanti and was directed against the judgment dated 18.2.1995 and order dated 21.2.1995 vide which the appellants Jai Singh and his mother Shanti (deceased) were convicted for the offence under Section 304-B, IPC and each one of them was sentenced to undergo R.I. for ten years.

(2.) Smt. Shanti has expired during the pendency of appeal and in these circumstances her appeal has abated and now this Court will determine the liability of Jai Singh appellant only. It may also be mentioned here that Brij Lai and Roshni were also tried with Jai Singh and Shanti but the Trial Court has acquitted Brij Lai and Roshni.

(3.) The brief facts of the case are that Smt. Kalawati deceased was married with Jai Singh appellant on 27.6.1991. Brij Lai is the elder brother of Jai Singh and Smt. Roshni is the wife of said Brij Lal. Smt. Shanti deceased was the mother of Jai Singh. As per the allegations of the prosecution, both the appellants, Brij Lal and his wife Roshni were not happy and satisfied with the dowry brought by Kalawati and they demanded more dowry. Whenever Kalawati used to go to her parental home she used to tell that all the four accused demanded more dowry and they had been harassing and beating her. They demanded a scooter and an embroidery machine. Despite being asked the accused did not desist from harassing and beating the deceased. About PA months prior to the occurrence which took place on 14.7.1993 Ram Partap, who is the real brotlier of the deceased Kalawati, went to the house of sin-laws of his sister in village Kalina in order to bring her. At that time also all the four accused told him that Kalawati would not be sent to the house of her parents unless scooter and embroidery machine are given. The complainant promised to meet the said demand. About 20 days before the occurrence Ram Partap took his sister Kalawati to her in-laws and left her there assuring that he would soon meet the demand. On 13.7.1993 complainant Ram Partap gave embroidery machine at the house of the appellants alongwith receipt after purchasing the same and promised to give the scooter after the next crop, but the accused asked Ram Partap to send the scooter urgently and without any delay. On 13.7.1993 deceased Kalawati complained to her brother that even on the preceding night all the four accused had given her beatings. The story of the prosecution further goes that on 14.7.1993 at about 3/3.30 p.m. the complainant learnt in his Village Dhingtania that his sister Kalawati has expired. The complainant alongwith his maternal uncle, Khayali Ram, Om Parkash Sarpanch and Patram reached Village Kalina and found Kalawati lying dead. On enquiries he found that Kalawati was killed by the present appellants and their co-accused on account of inadequate dowry. On 14.7.1993 a telephonic message was given in Police Station Sadar Sirsa by a person claiming himself to be Panch of Village Kalina that wife of the son of Man Raj had died and the cause of death was not known. Thereafter ASI Surat Singh went to Village Kalina but no Panch owned the telephonic message. Ram Partap complainant, however, made statement Ex. PD to Surat Singh, ASI narrating the above facts and thereafter the case was registered. ASI Surat Singh prepared the inquest report of the dead body of Kalawati and it was sent for post-mortem examination. Dr. P.R. Kayashth and Dr. Gurtej Singh conducted the post-mortem examination on the dead body of Kalawati. Viscera was preserved. Blood sample was also preserved and those were sent to the office of Chemical Examiner for analysis. The doctor also found a reddish abrasion over the left upper 1 /3rd of gluteal region per the report of the Chemical Examiner. Organo Phosphorus compound was detected in the viscera and the blood of the deceased and it was opined ultimately that the cause of death of Kalawati was due to the said poisonous substance. The embroidery machine was purchased by the complainant on 12.7.1993 from Sirsa vide receipt photo copy Ex. PF in the name of Kalawati daughter of Kanshi Ram for a sum of Rs. 1,375/-. The receipt was taken into possession by the police from the shop-keeper on 14.9.1993. All the accused were arrested on 15.7.1993 and they also produced the dowry articles which were taken into possession by the police.