LALIT SETH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LALIT Seth, husband, Kusum Lata mother-in-law, Raj Pal father-in-law and Naresh Kumar brother-in-law (Devar) of Sushma deceased were tried and convicted under Section 306 read with Section 34 of the Indian Penal Coda. Each of them was sentenced to undergo rigorous imprisonment for six years. Lalit Seth convict was ordered to pay a fine of Rs. 1000/- or in default thereof to further undergo rigorous imprisonment for six months whereas Raj Pal Kusum and Naresh Kumar convicts were ordered to pay a fine of Rs. 500/- each or in default of payment thereof to undergo further rigorous imprisonment for two months, whereas their co-accused Shanti Devi mother of Raj Pal accused was acquitted, vide order of Additional Sessions Judge, Amritsar, dated 14.3.1989. Aggrieved against the order of conviction and sentence passed against them by the Additional Sessions Judge, Amritsar, Lalit Seth Kusum Lata, Rai Pal, and Naresh Kumar filed the present appeal, whereas, Kewal Kumari complainant and mother of Sushma deceased filed Criminal Revision No. 757 of 1989 for enhancement of sentence awarded by the Additional Sessions Judge, Amritsar, to the accused appellants. Since, common questions of law and facts are involved both the appeal and the revision shall be disposed of by one order.

(2.) IN brief facts of the prosecution case are that Sushma was married to Lalit Seth in November, 1983 according to Hindu rites. She was a qualified teacher and worked as such in Sacred Heart School, Nimak Mandi, Amritsar, located near the house of the accused. Sufficient dowry was given in the marriage. Their marriage did not prove successful as Lalit Seth who was a drunkard and addicted to bad habits, could not retain his job. He was turned out of his job in October, 1984 and thereafter he remained unemployed. Parents of Lalit Seth demanded a sum of Rs. 25,000/- for setting up business of Lalit Seth. This demand was made to her parents through Sushma deceased. The accused also demanded valueable articles as well as the cash amount of Rs 25,000/-. In June, 1985, an amount of Rs. 2, 500/- was given to Sushma's in-laws. after the latter had approached her parents and asked them to meet the demands of the accused. The parents of the deceased could not meet those demands. As a result thereof the accused started harassing and maltreating Sushma. In the year 186 on Rakhi day Sushma again went to the house of her parents and complained to them that her in-laws were insisting that she should bring Rs: 25,000/- from her parents, in order to enable her husband Lalit Seth to start his own business. She was further informed that in case she is not successful in getting money, she should not come back to the house of her in-laws. The deceased became apprehensive that in case she returned to her matrimonial home without any money, then, she will be given a thrashing by the accused. Madan Lal, father, of the deceased assured the latter that he would make arrangements for setting up the business of her husband. This assurance, however, did not have the desired effect on the accused.

(3.) LATER on Kewal Kumari mother of Sushma deceased made an application Ex PB to the police on 2-9-1986 and on its basis formal first information report was recorded at the police station. After completion of the investigation, Lalit Seth and Kusum were challaned while Raj Pal, Shanti Devi and Naresh Kumar accused were shown in column No. 11 in the report submitted by the Investigating agency under Section 173 of the Code of Criminal Procedure. These three accused were subsequently summoned under Section 319 of the Code of Criminal Procedure by the learned trial Court. All the five accused were tried and out of them the four appellants were convicted and sentenced, whereas, their co-accused Shanti Devi was acquitted of the charge, as detailed earlier.