LAWS(P&H)-2009-3-137

ASHOK KUMAR Vs. STATE OF PUNJAB

Decided On March 01, 2009
ASHOK KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence, dated 29.03.94, rendered by the Court of Sessions Judge, Ferozepur, vide which it convicted Ashok Kumar, accused, for the offence, punishable under Section 304-B of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of 10 years, whereas, it acquitted Subhash Chander, Bal Krishan, Maya Devi, Om Parkash, and Chand Rani.

(2.) THE facts, in brief, are that Veena Rani, sister of Om Parkash, PW3, was married to Ashok Kumar, accused, about two and a half years, prior to 06.07.90, the date of occurrence. At the time of marriage, sufficient dowy was given according to the capacity of the parents of the deceased i.e. T.V., scooter, furniture, gold ornaments, clothes etc. After the marriage, Ashok Kumar, accused, his brother Subhash Chander, his mother Maya Devi, his father Bal Krishan (since dead), sister Chand Rani, and sister's husband Om Parkash, were torturing Veena Rani, on the ground that she had brought less dowry. She used to tell about this, to her parents, and relations when she visited them, and when they visited the house of her in-laws.

(3.) ON 06.07.90, Om Parkash, PW3, alongwith his father Desraj, PW4, and Amar Nath, went to Ghubaya, where Veena Rani told them that Ashok Kumar, Subhash Chander, Maya Devi, and Bal Krishan, gave her beatings. She further told them that Chand Rani, and her husband Om Parkash, used to tell her in- laws, that they would remarry Ashok Kumar, and she would not be kept. She further told them that her life was in danger. Des Raj, PW4, and Amar Nath, left Veena Rani, saying that, on the next day, they would convene a Panchayat, which had earlier persuaded her, to go to her in-laws house, and thereafter they would take her back. When the parents of Veena Rani (now deceased), were making efforts to collect the members of the Panchayat, at about 11.00 AM they received a message that she got burnt and had been taken to the hospital. They went to Civil Hospital, Jalalabad, where, Veena Rani, succumbed to her injuries.