RAJ KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal filed by Raj Kumar and his mother Mam Chandi and has been directed against the judgment and order dated 6.10.1998, passed by the Court of District and Sessions Judge, Ambala who convicted the appellants under section 304-B /498-A Indian Penal Code and sentenced them to undergo R.I. for a period of 10 years each under Sec. 304B Indian Penal Code and two years each under section 498A Indian Penal Code and to pay a fine of Rs. 5000.00 each in default of payment of fine, they were directed to undergo R.I. for six months each. Both the substantive sentences were ordered to run concurrently.

(2.) The brief facts of the case are that the deceased belonged to village Kot Kachwa Khurd and appeared to be belonging to a very poor family. She was married with Raj Kumar, appellant, resident of village Machhonda/Sunder Nagar. Raj Kumar lived in the residential house along with his mother Mam Chandi and the deceased. A male child was also born out of this wedlock. It appears that despite the fact that it was a simple marriage, the parents of the deceased could not contribute much for the marriage but some how the appellants remained under the impression that they could extract some valuables from the parents of the deceased. It was, therefore, that the appellants have been demanding valuables from the deceased and her parents who were unable to deliver the goods. This resulted into the maltreatment of the deceased and she use to be beaten mercilessly and many a time she was left at the place of her parents. The brothers of the deceased; namely, Mohinder Singh, PW-4, and Dharambir, PW-6, used to persuade the appellants to give up violent ways of life and to stop the maltreatment of their sister but they did not desist and ultimately a few days before the death of Rani, her mother had gone to meet the deceased and she found that she was beaten by the appellants and to their surprise, on the night intervening 13/14.2.1996, the deceased was found dead having consumed some poisonous matter. Raj Kumar came and informed at the place of the PWs that Rani was dead as a result of which, the brothers of the deceased and other members of the family went to Machhonda and Mohinder Singh, PW made the statement, Ex. PH, on the basis of which, Mange Ram, SI, registered the case. He prepared the inquest report, Ex.PF. The appellants were not found at the home when the police arrived there. Vide application, Ex. PE/1, the I.O. got the dead body of the deceased dispatched for post- mortem. He prepared the rough site plan, Ex. PL, of the place where the dead body was lying. The I.O. arrested Raj Kumar, appellant, on 16.2.1996 and recovered the photograph, Ex.P-5 of another lady namely Anita from his pocket vide recovery memo, Ex. PM. The report of the Chemical Examiner is Ex. PE, by virtue of which it was reported that the deceased has consumed Aluminium Phosphide. The post- mortem of the deceased was conducted by Dr. S.D. Arora, Medical Officer, General Hospital, Ambala City, PW-2, who furnished the autopsy report Ex. PD, and as per his opinion, Ex. PE/2, the cause of death was due to poisoning, i.e. Aluminium Phosphide compound. This doctor also found that there were two wounds on the right elbow of the deceased. During the course of investigation, it came to the notice of the police that the appellants were demanding television, fridge, scooter and other valuables and the deceased used to be beaten on that account.

(3.) On the completion of the investigation of the case, both the appellants were challaned in the court of the Illaqa Magistrate under Sec. 304-B/498-A, Indian Penal Code. The learned Magistrate supplied the copies of the documents to the appellants according to law free of cost and vide commitment order dated 3.5.1996, committed both the appellants to the court of Sessions. Vide order dated 24.7.1996, the appellants were charge-sheeted under Sec. 304-B/498-A, Indian Penal Code. The charges were read over and explained to them to which they pleaded not guilty and claimed trial.