LAWS(P&H)-1998-6-28

DALBIR Vs. STATE OF HARYANA

Decided On June 29, 1998
DALBIR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) SMT . Sushma daughter of Shri Ram Chander resident of village Rohna Police Station Kharkhoda, Distt. Sonepat was married to Dalbir accused -appellant on 8.7.1992. Smt. Dhanno accused -appellant is Dalbir's mother. According to the case projected by the prosecution at the trial, Shri Ram Chander had given dowry in the marriage of Smt. Sushma beyond his financial capacity. After marriage, Smt. Sushma was sent to the matrimonial home in village Gumar. She returned to her parental home after one day'stay there in the matrimonial home. Smt. Sushma came to her parental home from village Gumar twice or thrice till the fateful day. During her visits to her parental home, she told her father Shri Ram Chander and her mother Smt. Om Pati that her husband Dalbir and mother -in -law Smt. Dhanno were harassing her and demanding fridge, cooler and Rs. 40,000/ - in cash. Shri Ram Chander told his daughter that he was not in a position to arrange money for satisfying the demand of her husband and mother -in -law at the moment but he would arrange money gradually.

(2.) ON 10.4.1993 when Smt. Sushma started leaving for the matrimonial home from her parental home, she told her father weepingly, "Papa they are insistent upon their demand and they would not leave her alive if their demand was not fulfilled." Thereafter, she left for village Gumar (matrimonial home).

(3.) ON 18.5.1993 Manoj Kumar son of Shri Ram Chander sent to village Gumar so as to know about the welfare of his sister. When Smt. Sushma was not found in the matrimonial home and her in -laws did not talk properly with him (Manoj Kumar), Manoj Kumar enquired about her in the neighbourhood. Manoj Kumar came to know that on the night intervening 15/16.5.1993 Smt. Sushma had been subjected to torture by her husband Dalbir Singh and mother -in -law Smt. Dhanno and had caused her death and cremated the dead body during the night itself by pouring kerosene on it. Manoj Kumar returned to his village Rohna and narrated the entire episode to his father and mother. Shri Ram Chander along with his son Manoj Kumar, brother Prem Singh and Sh. Prem Singh, Sarpanch of village Rohna went to Police Station, Ganour for reporting the matter to the police. Shri Ram Chander lodged FIR Ex. PB at Police Station, Ganour on 18.5.1993 at 11.30 PM. As per prosecution, thus, Smt. Sushma was sacrificed at the altar of dowry by her husband and mother -in -law who subjected her to torture for having not fulfilled their demand for fridge, cooler and Rs. 40,000/ - in cash.