SUBHASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR 59 dated 13.2.1999 has been registered at Police Station City Kaithal under Sections 304-B/498-A, EPC on the complaint lodged by the complainant Ram Kalan before the C.J.M., Kaithal Which was forwarded to Police Station City Kaithal under Section 156(3), Cr.P.C. wherein the following allegations are found :

(2.) The daughter of the complainant by name Kamlesh was married with petitioner Subhash Sharma 6-7 years back. The petitioner, at the time of engagement had not told that he was earlier married or his wife Was killed after one year from the date of marriage or that be had contracted a second marriage which has also ended in a divorce. Kamlesh told that petitioner is having illicit relations with his Jethani-Saroj, on whose instigation, the petitioner is harassing for more dowry and gives beatings to her (Kamlesh). Five years back also, Kamlesh came to the house and said that petitioner Subhash wants to purchase a plot and requires Rs. 20,000/ -. The complainant gave Rs. 20,000/- and after 11/2 years the petitioner again started giving beatings. Kamlesh also filed an application under Section 125, Cr.P.C. against petitioner-Subhash wherein Kamlesh had mentioned about the threat to her life, but at the intervention of Panchayat, compromise was affected. Again Kamlesh came to the house in October and said that petitioner was demanding money for constructing the house. The complainant sent his son-Dhanbagh on 6.11.1998 to say that he will arrange for the money. When Saroj and Billu Ram demanded money Dhanbagh had stated that money will be arranged and paid.

(3.) On 7.11.1998, the complainant was informed by the police that Kamlesh Was lying in the hospital. The complainant and his cousin reached Kaithal and came to know that Kamlesh had died due to burning. The policeman took the complainant to the Police Station, Kaithal, got his signature on some paper but did not allow the complainant to meet his son or cousin. The complainant was kept in the police station till the evening of 8.11.1998 and in the meantime, the body of Kamlesh was cremated. The complainant was visiting the police station again and again, but no action had been taken because petitioner-Subhash is a policeman.