CHANDER PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal, is directed, against the judgment of conviction dated 23.04.98, and the order of sentence dated 29.04.98, rendered by the Court of Additional Sessions Judge (I), Faridabad, vide which, it convicted the accused, for the offence, punishable under Section 304 -B of the Indian Penal Code, and, sentenced them, to undergo rigorous imprisonment, for a period of 7 years.

(2.) THE facts, in brief, are that, on 27.06.92, Smt. Urmila, moved a complaint PA, before the Deputy Superintendent of Police, Palwal, alleging therein, that she was a resident of Palwal, and had married her daughter namely Shashi, to Chander Pal, accused, resident of village Hudithal, two years, prior to her death. She further alleged that, at the time of marriage of her daughter, she had given sufficient dowry, as per her capacity, but Chander Pal, and his parents, were not satisfied with the same, and started raising demand of scooter. She further alleged that the accused, used to harass her daughter, by telling that, she was not to be kept, in her matrimonial home, until she brought the scooter, and, in case, she failed to do so, then Chander Pal, one of the accused, shall contract the second marriage. She further alleged that, on 16.06.92, at about 5.00/6.00 PM, Chander Pal, Manbir and Shanti, accused, alongwith some other persons, namely Manvir, Satto Devi, Anara, Unus etc. killed Shashi, for want of dowry, and gave it the colour of suicide.

(3.) ON the basis of Report No. 15, dated 27.06.92, and the initial verification, copy whereof, is PE, first information report No. 146, under Section 304 B of the Indian Penal Code, was recorded, on 15.07.92, by Om Parkash, Assistant Sub Inspector, Police Station Hathin. Thereafter, the statements of Madhu, Sunita and Hari Singh, were recorded, under Section 161 of the Code of Criminal Procedure, on 17.07.92. Kanwar Pal, also made a statement, before the Police, that once, he had gone to village Hudithal, when Shashi (deceased), gave him letter P1, which he delivered, to her (Shashi's) mother. On 20.07.92, Smt. Urmila, produced letter P1, before the Police, which was taken into possession, vide memo PG, by Om Parkash, Assistant Sub Inspector. Thereafter, Om Parkash, Assistant Sub Inspector, arrested the accused, on 27.08.92.