JAGBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 17/8/2013 rendered by the Additional Sessions Judge, Bhiwani in Sessions Case No. 21 of 2012 whereby the appellant, who was charged with and tried for offence punishable under Ss. 304-B of the Indian Penal Code (in short 'IPC'), has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.10,000.00 and in default to further undergo simple imprisonment for a period of two months.

(2.) The case of the prosecution in a nutshell is that on 18/12/2011 on receipt of a telephonic information SI Mahender Singh along with police party reached General Hospital, Hisar and recorded the statement of Mohan Lal s/o Rameshwar r/o Village Kabrel, Police Station Adampur Mandi, District Hisar. Mohan Lal stated that he worked as a labourer. His niece Kali aged 24/25 years was married with Jagbir s/o Dhan Singh, Nayak by caste r/o Village Gangwa about three years ago. She did not have any child. His niece was living with her husband, mother-in-law and father-in-law at their matrimonial home. For the last 1 1/2 month, she was doing labour work at Balaji Brick Kiln, Karawar. On 18/12/2011 at about 8/9 am, he received information that his niece Kali had died and that her dead body was lying in village Gangwa. On receiving this information, he along with his elder brother Manju and other residents of the village reached village Gangwa and saw that the dead body of Kali was lying in the house. He stated that he was convinced that his niece was beaten to death by her husband Jagbir, mother-in-law Santosh, father-in-law Dhan Singh, sister of her mother-in-law Mahendro Devi w/o Babli and brother-in-law (devar) Beeru s/o Dhan Singh on the night intervening 17/18/12/2011 in the hut of Balaji Brick Kiln at village Karawar. His niece was having injuries on her face, head, back and both the feet. She had been killed for not fulfilling the demand of dowry of the accused.

(3.) On this statement of the complainant case under Sec. 304-B IPC was registered. On 22/12/2011 accused Jagbir Singh was arrested. On completion of investigation and the challan was presented.