STATE OF HARYANA Vs. SUNIL KUMAR

JUDGEMENT

(1.) STATE of Haryana has filed the present criminal appeal and it has been directed against the ' dated 27.7.1996 passed by the court of Additional Sessions Judge, Jagadhri who acquitted the respondents from the charges under Section 304-B of the Indian Penal Code and 498-A of the Indian Penal Code by extending the benefit of doubt. It may be mentioned here that Hon'ble Division Bench gave permission to the State to a limited extent and leave was granted only qua respondents No. 1 and 3 namely Sunil Kumar and Satya Devi to the limited section 498-A of the Indian Penal Code.

(2.) THE brief facts of the case that Sunil Kumar (husband), his unmarried sister Sajni and his mother Smt. Satya Devi were tried for offences under sections 304-B and 498-A of the Indian Penal Code read with Section 34 of the Indian Penal Code in the Trial Court for subjecting Smt. Rubi to cruelty and causing her dowry death. As per prosecution story Smt. Rubi daughter of Vishwamitter was married with Sunil Kumar accused, resident of House No. 404- L, Sarani Chowk, Yamuna Nagar, about four years prior to 29.8.1993. Vishwamitter (complainant) gave dowry according to his capacity at the time of marriage. After some days of marriage Rubi's husband Sunil Kumar, mother-in- law Satya Devi and Nanad Sajni started harassing Rubi for dowry. About two months before the death of Rubi, the complainant on the demand of the accused gave a cooler to her daughter. But the accused were still not happy. Then they started harassing Rubi for the demand of refrigerator. About 20 days prior to the occurrence of death, the complainant's wife Nirmala Kumari went to the house of the in-laws of her daughter Rubi when she was told by Rubi that she had been given beatings even on that day. Nirmala Devi asked the accused to send her daughter with her but the accused refused to send Rubi with her mother. On 28.8.1993, Rubi was taken to the hospital of Dr. B.S. Gaba at 10.10 p.m. As it was suspected case of poisoning the doctor sent an intimation to the police. On receipt of information, ASI Surat Kant went to the hospital and gave an application to the doctor for obtaining his opinion about the fitness of Rubi to make her statement. On the same night i.e. the night intervening 28/29.8.1993 at 2.30 a.m. Rubi expired. A memo was again sent to the police station at which ASI Surat Kant went to the hospital of Dr. Gaba where he recorded the statement of Vishwamitter Ex.PG/1 which led to the registration of the FIR Ex.P.H.

(3.) VIDE orders dated 17.2.1994, the Trial Court framed charges against the respondent and their co-accused under sections 498-A, 304-B read with Section 34 of the Indian Penal Code. Charges were read over and explained to the accused to which they pleaded not guilty and claimed trial.