RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this judgment I will dispose of Criminal Appeal No. 101 -SB of 1987 titled Rakesh Kumar and another v. State of Punjab and Criminal Revision No. 157 of 1987. titled Gauri Shankar v. Rakesh Kumar and others. as in the opinion of this Court, the appeal and the criminal revision can be disposed of by one judgment.

(2.) IT may also be mentioned here that Criminal Appeal was filed by Rakesh Kumar and his mother Simla Devi, but during the pendency of the appeal, Simla Devi has expired. Resultantly her appeal is abated. Now I have to deal with only the appeal of Rakesh Kumar husband of the deceased Sucheta Rani.

(3.) THE brief facts of the case are that on 21.10.1985 Sucheta Rani was married to Rakesh Kumar accused and the marriage was performed by Gauri Shankar (PW) father of the deceased, with great pump and show by spending about one lakh rupees. Before the marriage took place, Madan Gopal and his wife had demanded Rs. 20,000/ - in cash, at which Gauri Shankar refused to give the amount and cancelled the marriage, but later on some relatives and respectables intervened and assured Gauri Shankar that no demand will be made and he should perform the marriage. After marriage, Sucheta Rani resided with her husband Rakesh Kumar in the house of her in -laws. She often complained to her father that all the accused mal -treated and taunted her for not bringing sufficient dowry. The accused usually told her that whatever was given to her in marriage was for her own use and she had not brought anything for them. They compelled her to bring more money, but as the demand of the accused was not met, they mal -treated her and often subjected her to beating. On 1.1.1986, a Refrigerator was given to the accused by Ashok Kumar, maternal uncle of Sucheta Rani. On 1.4.1986 at 9.00 P.M. Paras Kumar (PW) who had negotiated for the marriage of Sucheta Rani with Rakesh Kumar was called by Madan Gopal accused to his house and all the accused told him that they should be paid Rs. 20,000/ - immediately at which Sucheta Rani started crying. Madan Gopal told Paras Kumar that in case their demand was not met, Sucheta Rani shall have to bear the consequences and Simla Devi went to the extent of saying that Sucheta Rani will die at their hands. Paras Kumar advised all the accused and returned to his house.