HARI RAM Vs. SATBIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 03.02.2001, rendered by the Court of Session Judge, Hisar, vide which it acquitted the accused, for the offences, punishable under Sections 304-B and 201 of the Indian Penal Code.

(2.) THE facts, in brief, are that on 10.07.1997 Hari Ram, PW4, father of Saroj, deceased, moved written application Ex.PD to the Superintendent of Police, Hisar, containing the allegations that her daughter Saroj was married five years earlier to that date, with Satbir Singh, accused. It was stated that she was being harassed, right from the very beginning of her marriage, on the ground, that she had brought less dowry. It was further stated that she was asked to bring more dowry. Sukhi Ram, accused, father-in-law, mother-in-law and Kamlesh, sister-in-law of Saroj, also used to harass her, in connection with the demand of dowry. It was further stated that a year prior to her death, the accused turned her out of her matrimonial home, with a threat that, in case, she did not bring dowry from her parents, she would be killed. However, the dowry could not be given by the complainant. She stayed at her parental house for seven months. It was further stated by the complainant, that about five months, prior to the lodging of report, Dharampal and Rohtash, brothers-in-law (sister's husbands) of Satbir, Chiranji Lal and his wife, residents of village Dhansu, came to his house and assured that Saroj would be looked after decently in her in-laws house. On their assurance, Saroj was sent to her in-laws house.

(3.) IT was further stated that on 09.07.1997, the complainant went to the in- laws' house of Saroj, to inquire, as to why Saroj had not come. When he reached and asked from the members of the in-laws family of Saroj about the whereabouts of her daughter, they told him that she ( Saroj ) had been killed by them. They also told him that, whatever, they wanted to do, they could do. The complainant was also informed by the residents of the village that the accused had killed Saroj six days earlier and she was also cremated. It was further stated that the complainant came from the house of in-laws of Saroj at 12.00 noon and on the same day, at about 3.00 pm, the accused in consultation with Rohtash, Chiranji Lal and his wife had killed Saroj and she was cremated without informing him. On the basis of the complaint Ex.PD, the FIR was registered. Nar Singh, Assistant Sub Inspector, went to the spot on 12.07.1997. He also visited the cremation ground and collected the ashes and the remains of the bones of the deceased, from the pyre. The same were put in a gunny bag. The bag was duly sealed, and taken into possession. The site plan of the place of occurrence was prepared. The statements of the witnesses were recorded. The accused were arrested. After the completion of investigation, they were challaned.