KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal filed by two brothers Krishan and Sat Pal sons of Bhala, and has been directed against the judgment and order dated 9.10.1987, passed by the Court of Additional District and Sessions Judge, Hisar, who convicted the appellants Under Section 304-B/201, IPC and sentenced them to undergo R.I. for a period of 7 years Under Section 304-B, IPC and RI for one year Under Section 201, IPC. The Trial Court also held that both the substantive sentences shall run concurrently.

(2.) The brief facts of the case can be described in the following manner :

(3.) Complainant Pirthi had four sons and two daughters. The name of one of his daughters was Hardei, who was married with Krishan, appellant in village Kharak Punia about 4/5 years before her death, which took place on the night intervening 2/3.11.1986. According to the complainant, he had spent about Rs. 15,000/- or Rs. 16,000/- on the marriage. However, Krishan, appellant, and his father Bhala, since deceased, were not satisfied with the dowry and they used to taunt and harass Hardei for bringing insufficient dowry and used to say that the) had contracted relationship with miserly people. Hardei started visiting her matrimonial home about 3/4 years before her death. She had given birth to a female child. This child was about one years and 9 months old at the time of her death. About a month before, the matter was reported to the police by Pirthi. Hardei had come to the house of her parents as she was tired of the maltreatment at the hands of the accused. She narrated her tale of woe to her parents. However, after some days, Badlu, grand-father of the accused came to village Bhongra and in the presence of Manphul, Amin Lal and Munshi, assured Pirthi that Hardei will not be harassed any longer and that she should be sent on his assurance. Pirthi took him on his words and sent Hardei after 10/15 days with his son Raj Kumar. Raj Kumar left her in Kharak Punia and returned to Bhongra. On 3.11.1986, Pirthi sent his son Raj Kumar to village Kharak Punia to enquire about the welfare of Hardei. Raj Kumar returned to Bhongra on the same day and told that Hardei had already died and that she had already been cremated. No intimation about her death or cremation was sent to her parental side. On getting this information, Pirthi, Bhartu and Dalipa went to village Kharak Punia to find out the facts for themselves. They made enquiries about the cause of death of Hardei and came to know that accused Krishan and Satpal and their father Bhala used to harass and maltreat Hardei and frustrate, she was driven to commit suicide.