JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Jagdish son of Ram Sarup and three others were tried for the offences under Sections 304 -B and 498 -A of the Indian Penal Code in the ourt of learned Additional Sessions Judge, Hisar. Though the other accused were acquitted of the charges, the appellant was found guilty of the offences punishable under sections 304 -B and 498 -A of the Indian Penal Code and sentenced to undergo RI for seven years for the offence under Section 304 -B of the Indian Penal Code and he was further ordered to undergo RI for two years and to pay a fine of Rs. 500/ - for the offence under Section 498 -A of the Indian Penal Code. In default of payment of fine, the appellant was ordered to undergo RI for six months. Being aggrieved by the said judgment of conviction and order of sentence, the appellant preferred the present appeal in this Court.

(2.) THE case of the prosecution is that appellant was married to Savitri since deceased. Savitri's sister Sharda was married to the brother of the appellant named Mohinder. Ram Sarup is father of appellant. The other co - accused who were acquitted are Ram Sarup, Maina Devi mother of the appellant, and Subhash brother of the appellant. As per the prosecution case, the marriage of appellant with Savitri took place five years before the occurrence. The occurrence took place within seven years of the marriage. The deceased died because of poisoning and the incident took place in the appellant's house. The complaint in this case is lodged by Sharda, sister of the deceased (appellant's sister -in -law). According to the complaint, the appellant is a milk vendor. About three years prior to the date of incident, her husband and her devar (appellant) got separated from their parents and one year thereafter, her devar told her younger sister Savitri that her parents had not given television, utensils and any other valuable articles in the dowry at the time of marriage and he went on taunting her sister on the issue of dowry. The complainant one day made her devar (appellant) understand that her parents had given dowry according to their capacity and status at the time of their marriage and that her parents are poor and that he should not harass her sister on account of dowry. Thereafter the appellant having been annoyed with her sister, started living with his parents and then her father -in -law Ram Sarup, mother -in -law Maina Devi and younger devar Subhash in collusion with the appellant went on insisting upon her sister for bringing a sum of Rs. 20,000/ - form her parental house for purchasing buffaloes and running a milk dairy. It is further stated that about one year before all the four persons had turned her sister out of the house after giving her beating for not bringing a sum of Rs. 20,000/ -. Thereafter her brother Om Parkash along with her sister Savitri (now deceased) came to the matrimonial house of her sister and prevailed upon her father -in -law and mother -in -law and both devars with folded hands to the effect that they were poor persons and were not in a position to pay a huge amount and requested them not to harass her sister on this score and her brother told them in case he is able to collect some money on loan basis, he would certainly help them and he left her sister Savitri with Jagdish. Thereafter also all the said persons started harassing her sister on account of non -payment of Rs. 20,000/ - and went on taunting on account of lack of dowry and also went on insisting for bringing a sum of Rs. 20,000/ - from her parental house. It is further stated that on 26.7.92 appellant, her devar Subhash, father -in -law Ram Sarup and mother -in -law asked her sister that they had waited for a long time but her parents had not fulfilled their promise for giving sum of Rs. 20,000/ - and further asked either leave the house or to die by drowning and also added that she was not wanted by them.

(3.) BEING fed up on account of demand of dowry, excessively insisting upon the demand of Rs. 20,000/ - by all the aforesaid persons, her sister (the deceased) committed suicide by consuming insecticide and at that time the complainant was working in the room adjoining the room of the deceased and when she entered the room of the deceased she saw that the deceased was unconscious. In the meantime her sister's son Manohar Lal came there and she along with Manohar Lal brought Savitri Devi at Govt. Hospital, Adampur where she was got admitted and thereafter she called her husband and went to the house of her parents in a Jeep for information. She came to know that Savitri was got admitted in Pipasar Hospital, Adampur by her neighbour. On 28.7.92 her sister died because of poisoning and the complaint was given by Sharda on that day. The appellant along with other three accused mentioned above was tried for the offences under Sections 304 -B and 498 -A of the Indian Penal Code. During trial the following witnesses were examined :