RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ramesh Kumar has been held guilty for an offence under Section 304, Part B of the Indian Penal Code and sentenced to undergo R.I. for life. No separate order of sentence has been passed against him under Section 498-A of the Indian Penal. Ramesh Kumar, Lila @ Satbir and Hansu @ Hans Raj have been held guilty under Section 201 of the Indian Penal Code and sentenced to undergo R.I. for two years each and to pay a fine of Rs. 500/- each or in default thereof to further unergo R.I. for a period of one month. Sentences awarded to Ramesh Kumar appellant have, however, been ordered to run concurrently. It is against this order of conviction and sentence passed against the appellant named above by the learned Additional Sessions Judge, Rohtak dated 29.8.1995 that the present appeal has been filed.

(2.) Ram Rati who was married to appellant Ramesh Kumar about five years prior to the date of occurrence breathed her last on the intervening night of 18/19.4.1994. The FIR with regard to incident leading to the death of Ram Rati came into being on 21.4.1994 at 8.00 p.m. on the statement of Phulpati, mother of the deceased PW 1. The said statement was recorded by Sub- Inspector Inder Singh PW 5. The special report with regard to the incident reached the concerned Magistrate at 10.30 p.m. on 21.4.1994 itself. In this incident not only that Ram Rati had lost her life but even her minor daughter Manju also died. Whereas Ramesh Kumar appellant herein was the husband of Ram Rati, the appellants Lila @ Satbir and Hans Raj are his brothers. The parents of Ramesh Kumar were tried alongwith appellants but whereas Parmeshwari was acquitted of all the charges by the learned trial Judge, Mandrup died during the currency of the trial.

(3.) While unfolding the prosecution version, the mother of the deceased stated that her husband had died about six years ago. She had two daughters. Elder one being Ram Rati and younger to her was Neelam. Her daughter Ram Rati was married to Ramesh s/o Mandrup, Harijan (Chamar) about 5 years ago and they had spent money at the time of marriage as per their capacity. At the time of departure of Barat (marriage party) Mandrup, father-in-law of Ram Rati and his son Leela and her husband (her son-in-law) Ramesh had remarked that they had not been given anything in the dowry and they had made relations with a very poor family. They had, however, sent their daughter making entreaties with folded hands. Whenever her daughter Ram Rati visited their village Bhagi to meet them, she used to start weeping. She used to tell that she was being harassed and given beatings by her husband for not brining T. V. and cash. Ram Rati had a daughter Manju aged 3 years. About a month earlier, Ram Rati and her husband Ramesh had come to their house at village Bhagi. At that time Krishan Kumar, Sarpanch and Sis Ram, Panch had also come there. Ram Rati had stated that they (her-in-laws) had demanded Rs. 6,000/- and had also said that otherwise they would not leave her alive. All of them had advised Ramesh Kumar that they were unable to give the said amount as they had no source of income. But while leaving their house Ramesh Kumar remarked that in case money was not given to him, he would not allow Ram Rati to live peacefully. In the morning when the FIR was lodged Ram Narain, resident of village Karor who is her relative informed her that on the intervening night of 18/19.4.1994 Ram Rati and Manju had been killed by throwing them into the well and thereafter dead bodies were cremated. When she went to the village Ajaib alongwith her relative, she came to know that Ramesh, husband of Ram Rati, Mandrup, father-in-law of Ram Rati, Parmeshwari, mother-in-law of Ram Rati, Leela elder brother of the husband of Ram Rati had killed Ram Rati and her daughter Manju aged 3 years by throwing them into the well and cremated their dead bodies. They were not even informed about their death. Now, she with his relative Ram Narain had come to the police station to lodge report with the police.