LAWS(P&H)-2009-7-264

JAGDISH Vs. STATE OF HARYANA

Decided On July 29, 2009
JAGDISH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The accused-appellants, above named, were tried by Sh. Shiva Sharma, Additional Sessions Judge, Rohtak for the offences punishable under Sections 302, and 201/120-B of Indian Penal Code (for short 'the Indian Penal Code'). They were convicted and sentenced by judgment of conviction and order of sentence dated May 29th, 2000 and May 30th, 2000 as under:- Offence Sentence Fine In default Accused Jagdish under Sec. 302/120-B Indian Penal Code Life imprisonment Rs. 2000.00} 11/2 months under Sec. 201 Indian Penal Code RI for Four months Rs. 1000.00 } Accused Rajesh Taneja under Sec. 302/120-B Indian Penal Code Life imprisonment Rs. 2000.00 1 month

(2.) The substantive sentences were ordered to run concurrently.

(3.) Sunder Lal Gauri father of Manju Bala (deceased) filed complaint (Exhibit PD) against Jagdish Head Constable-appellant No.1, Amar Singh Head-Constable, Diwan Singh, Station House Officer, Police Station Civil Lines, Rohtak, Rajesh Taneja-husband-appellant No.2, Sita Bai-mother-in-law, Sham Lal Taneja-brother-in-law, Jagmohan Bajaj Patwari-uncle-in-law (Husband's sister's husband) Raj-aunt (Husband's father's sister) and Bodh Ram Bhutani uncle-in-law of Manju Bala respectively in the Court of Area Magistrate, Rohtak. It was averred that Manju Bala was married with Rajesh Taneja on April 29th, 1983. On March 10, 1984, Manju Bala was blessed with a female child named Priyanka. From the very beginning, Rajesh Taneja, his mother Sita Bai, brother Sham Lal Taneja and father Ramji Dass Taneja started harassing deceased Manju Bala in relation to demands for dowry. They used to taunt her that the dowry given was not sufficient. She was turned out by above named accused from her matrimonial house on Dec. 14th, 1983. Since then, till her death, on Sept. 6th, 1987, she remained at her parental home at Rohtak. Rajesh Taneja and his family members did not come to meet Manju Bala at Rohtak even after delivery of the child on March 10th, 1984. Manju Bala filed petition under Sec. 9 of the Hindu Marriage Act (For short 'the Act') in the Court of District Judge, Rohtak. The petition was accepted by judgment and decree dated Jan. 8th , 1986. Manju Bala also filed application under Sec. 125 of the Code of Criminal Procedure for maintenance in the Court of Chief Judicial Magistrate, Rohtak. Rajesh Taneja also filed a petition under Sec. 13 of the Act on Jan. 19th , 1987. Both, the application under Sec. 125 Code Criminal Procedure and petition under Sec. 13 of the Act could not be decided as Manju Bala expired on Sept. 6th, 1987. During the pendency of the petition under Sec. 13 of the Act, Rajesh Taneja solemnized second marriage.