RAHUA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Rahua, father-in-law, Shyambir, husband, and Ghosan, mother-in-law, of the deceased Smt. Shimla, and has been directed against the judgment and order dated 7.12.1998, passed by the court of Additional District and Sessions Judge, Faridabad, who by giving benefit of doubt to Dharamwati, sister of Shyambir, convicted the appellants u/s 304-B read with section 201, IPC and sentenced. Ghosan was extended the benefit of probation while Rahua and Shyambir were sentenced to undergo R.I. for a period of 10 years each u/s 304-B, IPC. They were further directed to undergo RI for one year each u/s 201, IPC and to pay a fine of Rs. 500/- each; in default of payment of fine, they were directed to undergo R.I. for two months each. Both the substantive sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that on 2.6.1994, PW-3 Rato wife of Bhule Ram caste Gujjar, resident of Kushka, approached in the police station and submitted an application, Ex. PC, to the effect that he had seven children; four daughters and three sons. Eldest daughter is Kamla and younger to her is Shimla, deceased. She was married about 2-1/2 years back in village Phoolwari with the accused Shyambir, in accordance with Hindu rites and sufficient dowry was given to her according to the financial capacity but right from the very inception of the marriage, the appellants and Dharamwati, sister of Shyambir, started taunting the deceased on account of inadequate dowry and, thus, started harassing her. Her daughter Shimla also complained about the harassment meted out to her by the accused a number of times. Every time, the parents of the deceased used to make understand their daughter and used to send her to the house of her in-laws at Phoolwari. Near about the last festival of Holi, Shimla had come to her house and they refused to send her to the matrimonial home. Rahua, father-in-law and Dharamwati, daughter-in-law, approached her Jeth, PW-9 Ram Prasad son of Tej Ram, resident of Karimpur and accompanied by Ram Prasad, they came to the house of the complainant. At that time, PW-2 Hari Chand, her devar, was also present. Rahua and Dharamwati begged pardon and requested her to send Shimla with them. On the intervention of Ram Prasad and Hari Chand, they sent their daughter to her matrimonial home. At that time, Shimla was pregnant. She had already been blessed with a daughter, who was about 1-1/2 years old. The story of the prosecution further proceeds through the statement of Rato that on 1.6.1994, Man Singh and Shish Ram came from Phoolwari and informed her at her house that Shimla had committed suicide by hanging herself. At that time, she was not present at the house. However, this information was received by their son Ravinder Kumar, PW-8, who was a young boy of 14/15 years. Ravinder went to village Phoolwari and found the dead body of his sister Shimla, who was having injuries on her body. Ravinder asked the accused that they should wait and let him call his parents. Ravinder came to call her and, then, both of them reached village Phoolwari and by that time, Shimla had already been cremated by the accused. On her being asked as to why Shimla had been cremated in their absence, the accused lost their temper. Rato further stated that her husband usually remains ill and, therefore, the report could not be lodged yesterday. On that day, she had accompanied her Devar Hari Chand to the police station in order to give information about the death of her daughter.

(3.) IN order to prove the charges, the prosecution examined Babu Lal, Patwari, PW-1, who simply prepared the scaled site plan, Ex. PA. PW-2 Hari Chand is brother of Bhule, father of the deceased, in the brotherhood. According to this witness, the marriage of Shimla was performed and after the marriage Shimla started staying in her matrimonial home at Village Phoolwari and whenever he used to visit her parental home, she used to complain that her husband Shyambir and mother-in-law, Ghosan were harassing and taunting her for not bringing sufficient dowry. It has further come in the statement of this witness that one Ram Prasad is a friend of Bhule. Rahua went to his place and with Ram Prasad he came to village Kushak. They requested that Shimla be sent to her matrimonial home. On their request, Shimla was sent. On 1.6.1994, he came to know through Shish Ram that Shimla had died by hanging in the house of her in-laws. It has also come in the statement of this witness that he came to know that the accused party had made a demand of buffalo. PW-3 Rato is the mother of the deceased. The material portion of her statement can be described in the following manner :-