DOD RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Appellants happen to be the father-in-law and husband of the deceased-Saroj and aggrieved by their conviction Under Section 304-B of the Indian Penal Code ("Indian Penal Code" for short) and sentence of rigorous imprisonment of seven years are before us with the leave of the Court. According to the prosecution, three daughters of PW 3 Hari Singh, namely, Saroj Bala (deceased), Raj Bala PW 1 and Bimla were married to the three brothers, namely, Ram Parshad, Appellant No. 2 herein, Dharamvir and Surender in the year 1984. It is their case that, at the time of settlement of these marriages, Hari Singh had promised to pay a sum of Rs. 21,000/- each in the marriage of the three daughters. It is further alleged that after the settlement of the marriage and before its solemnisation, the Panchayats of several villages unanimously resolved that a sum of Rs. 100/- only to be given to the groom or his parents at the time of marriage. In light of the said decision, according to the prosecution, Hari Singh PW 3 paid Rs. 100/- to each of his three sons-in-law separately at the time of the marriages of his three daughters. This caused annoyance to Appellant No. 1-Dod Ram, father-in-law and when he went to the house of Hari Singh PW 3 in connection with 'Muklawa' ceremony, reminded Hari Singh of his promise to pay Rs. 21,000/- to him. However, the amount was not paid but a promise was made that the payment shall be made in instalments and, accordingly, 'Muklawa' ceremony was performed and the deceased-Saroj was taken to the matrimonial home. The demand for dowry was repeated by Appellant No. 1 on several occasions thereafter.

(2.) In the night between 29.5.1988 and 30.5.1988, Hari Singh PW 3 was informed that his daughter-Saroj was lying ill in the hospital. Kari Singh PW 3 along with his uncle and about 30 co-villagers came to the house of Saroj where she was found lying dead in the court-yard. He did not suspect any foul play and participated in her cremation along with her other relations. However, on 1.6.1988, when his another daughter, namely, Rajbala PW 1, informed about the beating of Saroj by her husband, she got suspicious. On the basis of the information gathered by the father, he gave report to the Police and on that basis F.I.R. No. 91 dated 2.6.1988 Under Sections 302/34, 304-B and 201/34 of the Indian Penal Code was registered.

(3.) After usual investigation, the Police submitted the charge-sheet against the Appellants, i.e., father-in-law and the husband besides brother-in-law, mother-in-law and the sister-in-law.