RAMESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 14.2.1998 passed by Additional Session Judge, Faridabad, who convicted the appeal under Section 306 I.P.C. and sentenced him to undergo R.I. for a period of 7 years. The appeal was imposed a fine of Rs. 2,000/ - and in default of payment of fine he was directed to undergo additional imprisonment for two months.

(2.) THE facts of the case are that on 8.4.1994 Raghunath Singh lodged a report Ex.PA with the police with the contents that his younger sister Sushma, aged 30 years, was married to appellant Ramesh Chand in the year 1985 and sufficient dowry was given. Two daughters and one son were born out of the wedlock. The appellant had been making illegal demand from the deceased for bringing money from her parents. However, sometimes the lust of the accused for money was fulfilled. The accused persistently maltereated and tortured her for bringing a scooter from her parents as he has to go daily from Palwal to Hathin. The elder brother of the accused was approached to stop the accused to torture her for bringing a scooter. On the fateful day i.e. 8.4.1994 being apprised by Gain Chand, tenant of Hardayal, the complainant along with his father and brother rushed to the house of accused and found that smoke was coming out of the kitchen and the deceased had committed suicide by sprinkling kerosene oil on her person and setting it a fine. Having recorded the aforesaid statement, the case was registered and machinery of law was set into motion.

(3.) DURING the course of investigation site plan Ex.PF was prepared. The dead body of the deceased was taken into possession and post mortem was obtained. Statements of the witnesses were accordingly taken down under Section 161 Cr.P.C. The above brief investigation and allegations led to the filing of the challan in the court of Illaqa Magistrate and vide commitment order dated 22.9.1994 the learned Magistrate committed the appellant to the court of Session to face the trial. Vide order dated 7.1.1994 the appellant was charge sheeted under Section 3061.P.C. It was read over and explained to him to which be pleaded not guilty and claimed trial.