SUBHASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Subhash Chand, who has been convicted of offences, under Sections 304 -B and 498 -A IPC, for allegedly harassing/subjecting to cruelty, his wife Kanta Devi (deceased) and committing the offence of dowry death, and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/ - for offence, under Section 304 -B IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/ - for offence, under Section 498 -A IPC, by the trial Court, vide judgment dated 31.12.2008, has preferred this appeal, assailing his conviction and sentence.

(2.) ALLEGATIONS , which led to the challaning, charging and trial of the appellant, may be summed up thus. Deceased Kanta Devi was married to the appellant on 4.12.1999. For initial 15 -20 days she was kept well by the appellant and his parents, namely Maya Devi, mother and Dharam Pal father as also other members of his fathers family, namely Som Dutt, his brother, Rama Devi, wife of his brother Som Dutt and Anoop Kumar, another brother, but thereafter they started harassing her to pressurize her to bring money from her parents. Within a few weeks of marriage, deceased was sent to her parental place by the appellant with a direction to bring a sum of Rs.25,000/ -. Deceased was provided that amount of money by her father PW -3 Bihari Lal and her brother Sukhdev, who works at Ludhiana. Eight -ten days thereafter the deceased was again sent to her parental place and this time demand was made for a sum of Rs.50,000/ -. The father of the deceased was unable to meet this demand for huge amount of money and that too within a short span of his having met the earlier demand for Rs.25,000/ -. Deceased stayed at her parents place for about 1 1/2 month or so.

(3.) ABOUT 1 1/2 month after the death of Kanta Devi, i.e. on 7.6.2000, a complaint was filed by PW3 Bihari Lal in the Court of Chief Judicial Magistrate, Una alleging that the appellant, his parents, brothers and the wife of one of his brothers had murdered his daughter Kanta Devi, but the police were not investigating the matter fairly and honestly, under the influence of the appellant and his parents. In the said complaint, allegation was made for the first time that the appellant and his parents used to harass the deceased with a view to forcing her to bring money from her parents. Even in the said complaint there was no allegation that the deceased came with a demand for Rs.25,000/ - seven -eight days after the marriage and she was again sent about fifteen days after the marriage to demand another sum of Rs.50,000/ -.