BIJENDER SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by the accused appellants against the judgment and order dated 5/6.5.2003 passed by Sh. R.C. Bansal, Sessions Judge, Bhiwani, vide which they have been convicted under Sections 304-B and 498-A IPC and sentenced to undergo imprisonment and fine as given below:- <FRM>JUDGEMENT_566_LAWS(P&H)9_2013_1.html</FRM>

(2.) All the sentences were ordered to run concurrently.

(3.) The case of the prosecution as enumerated from the record is that on 8.8.2000 Incharge Police Post PGI M.S. Rohtak sent a wireless message regarding death of Sunil w/o Bijender r/o Santaur, whereupon ASI Chhotu Ram alongwith Constable Ashok Kumar went to PGIMS Rohtak. Ruqqa was collected from the police post and dead body of Sunil was received. Near the dead body Sanjay, brother of the deceased, his father Manphool and his uncle's son Shish Ram were present. Statement of Sanjay was recorded, in which he has stated that his sister deceased Sunil was married to Bijender s/o Daryao Singh, r/o Santaur on 30.5.1996. In her marriage they had given dowry according to their capacity but for the last six months his sister Sunil was being tortured by her husband - Bijender, her brotherin- law (Jeth) Surender and her mother-in-law Santro. This was disclosed by his sister Sunil whenever she used to visit their house. To sort out the matter, the complainant, his father Manphool and uncle's son Shish Ram went to village Santaur and persuaded the accused's family. A Panchayat was convened wherein it was decided that henceforth Sunil will not be treated with cruelty. It was further stated that after some time Bijender, Surender and Santro again started teasing and sent his sister for bringing more dowry such as cooler, fridge from her house. The complainant and his father sent Sunil back in village Santaur and told her-in-laws that their demands would be met after harvest season. Thereafter, they again started teasing Sunil. In the year 1998 Sunil gave birth to a girl child in her parental house and thereafter with the intervention of Panchayat after six months they again left Sunil in village Santaur but the accused continued in their pursuits. On 7.8.2000 they received message from Sunil that she should be brought to Charkhi or alternatively cooler, fridge be given to her-in-laws. Whereupon the complainant and his father Manphool and his cousin Shish Ram went to village Santaur. There Sunil started weeping and told them either to take her to her parental house otherwise the accused would kill her. The complainant persuaded the deceased. At that time marks of injuries were visible on her face. On 9.8.2000 when they were in their village then message of death of his sister Sunil was received. Thereafter on receiving information, they came to PGI Rohtak where they found deceased Sunil lying dead due to burn injuries. Complainant alleged that they suspected that her husband Bijender, Jeth Surender and mother-in-law Santro killed the deceased by burning her. On the statement made by the complainant, formal FIR was registered. During investigation statements of the witnesses were recorded. Dead body was sent for the post mortem examination. After investigation case was sent up for trial of only two accused, namely Bijender and Santro. Accused Surender was found innocent and he was not challaned.