NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Naresh Kumar husband, Laxman Dass, father-in-law and Darshana Devi, mother-in-law, of deceased Shoba Devi, and has been directed against the judgment dated 10.3.1998 and order dated 11.3.1998, passed by the Court of Additional District and Sessions Judge, Rewari, who convicted the appellants under Section 304-B and 498-A, I.P.C. and sentenced them to undergo R.I. for a period of 10 years under section 304-B, I.P.C. and to pay a fine of Rs. 5,000/- in default of payment of fine, each of the appellants was further directed to undergo R.I. for one year. The appellants were further sentenced to undergo R.I. for a period of 2 years each under section 498-A, I.P.C. and to pay a fine of Rs. 500/- in default of payment of fine, each of the appellants was further directed to undergo RI for three months. The trial Court also held that both the substantive sentences shall ran concurrently.

(2.) THE brief facts of the case are that Ganga Deen son of Birbal, caste Brahmin, resident of village Sunderoj, was employed in the Haryana Roadways at Rewari Depot and was working as a Clerk. He had two sons and one daughter; namely Shoba Devi, aged 20 years, who was married with Naresh Kumar, appellant, on 22.1.1991, as per Hindu rites and ceremonies, wherein sufficient dowry was given. The parents of Naresh Kumar, appellant, were not happy with dowry articles and they used to harass Shoba Devi. About 10 days prior to the occurrence, Shoba Devi had visited the house of her parents and had disclosed that her husband and parents-in-law used to torture her on account of demand of dowry and they were demanding Rs. 50,000/-; otherwise had asked her to stay at the house of her parents. On 16.9.1992, when Ganga Deen accompanied by his relative Chhailu Ram, went to the house of Laxman Dass, Laxman Dass and his son Naresh Kumar were present in the house. They asked him if he had brought a sum of Rs. 50,000/-. On this, Ganga Deen assured them to pay a sum of Rs. 25,000/- within a period of about 20 days and returned to his house leaving Shoba Devi in the house of her in-laws. On 24.9.1992, at about 12 noon Krishan Kumar informed him that Shoba Devi had consumed poison. Ganga Deen, then accompanied by Krishan Kumar went to the house of the appellants where Shoba Devi had disclosed them that the appellants used to harass her on account of demand of dowry and finding no way, she had consumed poison. Shoba Devi was taken to General Hospital, Rewari where she died. On receiving the ruqa from the hospital regarding the death of Shoba Devi in the police station, City Rewari, Arjun Singh, ASI, went there and recorded the statement of Ganga Deen and after making his endorsement underneath the same, sent it to the police station where formal F.I.R. was registered. The I.O., then, prepared the inquest report and request for post-mortem examination in order to conduct the post-mortem examination. He also visited the place of occurrence, prepared the rough site plan and during the course of spot inspection found a letter alleged to have been written by the deceased and it was taken into possession vide separate recovery memo.

(3.) THE learned Addl. Sessions Judge vide his order dated 7.1.1993, charge- sheeted the appellants under section 304-B and Section 498-A, I.P.C. The charges were read over and explained to them to which they pleaded not guilty and claimed trial.