JASBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Rekha daughter of Dhanpat was married to Jasbir son of Zile Singh, resident of Mehlana about 1-1/2 years prior to October, 1994. At the time of her marriage, her father had given dowry according to his financial capacity. About 4 months prior to October, 1994, Dhanpat had died of cancer. After marriage, Jasbir wanted Rekha to bring a sum of Rs. 50,000/- from her father. Rekha went to her father and narrated the matter to her brother and mother. She told them in case her husband's demand for Rs. 50,000/- was not fulfilled, her life would become hell in the matrimonial home. At that time, her father's uncle Sukh Lal was also present at the house of Dhanpat. At that time, Dhanpat asked his daughter Rekha to bring with her, her husband Jasbir. He asked her to go to her in-laws and bring her husband with her and he would advise her husband. After 2-3 days, Rekha came to her father's house along with her husband Jasbir. Dhanpat refused to give him a sum of Rs. 50,000/-. Dhanpat also told Jasbir that he was a cancer patient and lot of money had been spent on his treatment, and he was unable to spare a sum of Rs. 50,000/- for him. On 24.10.1994, Rekha's maternal grand- father Jaswant Singh and her brother Pardeep went to village Mehlana to see Rekha. Rekha told them that her husband Jasbir, mother-in-law Bedo and sister-in-law Smt. Sheela were pressuring her daily to bring money from her father and they were giving her beatings with a view to coerce her to bring money from her father. Rekha wanted her to be taken to her parental home by them to see her father and mother. Rekha's maternal grand-father and brother advised Jasbir, Smt. Bedo and Smt. Sheela that they were poor making their both ends meet with difficulty and were not in a position to give such a huge amount. They told them that Dhanpat had died and after Dhanpat's death, there was no earning hand left in the family. After advising Jasbir, Smt. Bedo and Smt. Sheela, they returned to village Deenpur on 25.10.1994. On 27.10.1994, they got information that Smt. Rekha had committed suicide by taking some poisonous substance being unable to bear the beatings/harassment being given to her by her husband Jasbir, mother-in-law Bedo and sister-in-law Sheela.

(2.) SUKH Lal reported the matter to the police vide his statement Ex. PC which was recorded by ASI Ram Kumar on 28.10.1994 at about 2 p.m. at Adda Sonepat Mehlana Road. On the basis of statement Ex. PC case FIR No. 299 was registered on 28.10.1994 at police station Sadar Sonepat under Section 498- A/304-B IPC vide formal FIR Ex. PC/2. ASI Ram Kumar investigated the case. He reached the house of Jasbir and held inquest Ex. PB on the dead body of Rekha. He sent the dead body for post mortem examination to Civil Hospital, Sonepat per Constable Pal Singh together with request for post mortem Ex. PF. The team of doctors consisting of Dr. H.R. Singhal and Dr. R. Girdhar of Civil Hospital, Sonepat performed post mortem examination on the dead body on 29.10.1994 at 10 a.m. They noticed multiple abrasions in front of the neck at the level of thyroid cricoid region extending on both sides. They notice big impression (depression) with whitish colour on right side and a cluster of impressions on the left side of the neck. On further exploration, the underlying muscles were found torn with petechial haemorrhage. Cricoid cartilage was fractured on left side underlying muscosa congested. In the opinion of the doctors, cause of death was due to asphyxia as a result of throttling. The injuries were ante mortem in nature and sufficient to cause death in the ordinary course of nature.

(3.) LEARNED Additional Sessions Judge, Sonepat charged the accused under Section 302 read with Section 34 IPC. He charged them alternatively under Section 304-B IPC. The accused pleaded not guilty to the charge and claimed trial.