DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Being aggrieved by the judgment/order dtd. 10/7/2002/12/7/2002 passed by the learned Additional Sessions Judge (Adhoc), Hisar, by which the learned trial Court convicted the appellant for commission of offence punishable under Sec. 304-B of the Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo rigorous imprisonment for 10 years, the present appeal has been preferred by him. FACTS

(2.) The prosecution case, in brief, is that the complainant Chiranji Lai's daughter Jagmati was married to Dharambir-appellant on 7/3/1996. At the time of Bana ceremony, Rs.11,000.00 were given and the same amount was given at the time of marriage. Jagmati went to her in-laws house and right on the date of marriage, Dharambir (son-in-law) Sahej Ram (father-in-law), Mayawati (mother-in-law) and Kulwant Singh (brother-in-law) showed unhappiness and taunted Jagmati for bringing less dowry. On 8/3/1996 (next day), the marriage of his two sons namely Ram Singh and Ramesh was to be solemnized but Dharambir did not attend the marriage as Jagmati brought less dowry and she did not bring Rs.21.000 as demanded by them but later Jagmati went to her in-laws house. After some days, Ramesh (brother of Jagmati) went to the in-laws house of his sister. Then Jagmati told Ramesh regarding ill-treatment with her by her in-laws family. Ramesh brought all the facts in the knowledge of her father Chiranji Lal Later Chiranji Lal sent her elder son Ramesh who brought Jagmati to her parent house in January 1997. Sahej Ram and family were adamant and were asking for dowry. Panchayat went to persuade the in-laws family of Jagmati thus, Dharambir took Jagmati to her matrimonial home but she was again given beatings and Jagmati was brought back to her parental house. That after some time the matter was again settled and Dharambir and his brother-in-law-Kulwant came and took Jagmati a her matrimonial home. On 30/12/1998, Mange Ram and Bhoop Singh went to the house of Chiranji Lai and informed that Jagmati has consumed poison. The complainant along with his brother Dharambir went to the in-laws house of her daughter Jagmati where her mother-in-law Mayawati informed that Jagmati has been taken to village Meham Kheri. On enquiry from village, Chiranji Lal came to know that Jagmati was compelled to consume spray chemical (Monochrotophos-an organo phosphorus pesticide) by her husband Dharambir, Sehaj Ram (father-in-law), Mayawati (mother-in-law) and Kulwant Singh (brother-in-law) on account of bringing less dowry. From Meham Kheri, Jagmati was taken to Medical College Rohtak. That on the complaint of Chiranji Lal, an FIR No.805 dtd. 31/12/1998 under Ss. 304-B, 498-A, 34 IPC was registered at Police Station Sadar Hisar

(3.) That after investigation of case, challan under Sec. 304-B, 498-A, 34 IPC against Dharambir (husband of the deceased), Sehaj Ram (father-in-law) Mayawati (mother-in-law) and Kulwant (brother-in-law) was presented and the case was committed to the Court of Sessions vide order dtd. 14/5/1999.