- (1.) This appeal has been filed against the judgment and order dated 14.01.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 488-DB of 1999 whereby the Division Bench of the High Court dismissed the appeal.
(2.) Brief facts: (a) As per the prosecution story, the marriage of Kavita @ Kusum (since deceased) was solemnized with Karamvir, son of Mahavir, resident of House No. 36, Type II, M.D. University Campus, Rohtak according to Hindu rites and ceremonies on 17.07.1994. After 20-25 days of the solemnization of the marriage, Karamvir (appellant No. 2 herein), his mother Maya Devi (appellant No. 1 herein), brothers Dharamveer and Paramveer and Sister Sonika@Pinki started harassing, maltreating and beating Kavita (since deceased) on account of dowry. Despite all efforts, the attitude and relations of her in-laws towards her went from bad to worse. (b) On 26.09.1996, the police got a telephonic message from a stranger at 3:30 a.m. that the dead body of a woman was lying in House No. 36, Type II, M.D. University Campus, Rohtak. On coming to know about the incident, Kanwar Singh (the complainant) - father of Kavita reached the spot and identified the body to be that of his daughter. (c) A complaint was lodged by Kanwar Singh (PW-3) at the P.S. Civil Lines, Rohtak regarding the incident on 27.09.1996 alleging torture and harassment meted out to the deceased on account of demand of dowry who had committed suicide by consuming some poisonous substance. On the basis of the said complaint, FIR No. 466 of 1966 was registered under Sections 498A, 304B, 306/34 of the Indian Penal Code, 1860 (in short 'the IPC'). After investigation, charges under Sections 498A and 304B read with Section 34 of the IPC were framed against the accused persons. (d) The case was committed to the Court of Sessions and numbered as 11/10.04.1997 and Maya Devi-mother-in-law of the deceased (appellant No. 1 herein), Karamvir-husband of the deceased (appellant No. 2 herein) and Dharamveer and Paramveer-brothers of Karamvir were arrayed as accused. (e) The Court of Sessions Judge, Rohtak, by order dated 22/27.09.1999, while acquitting Dharamveer and Paramveer -brothers of Karamvir, convicted the appellant Nos. 1 and 2 herein for the commission of offence under Sections 498A and 304B of the IPC and sentenced them to suffer rigorous imprisonment (RI) for life under Section 304B of the IPC. Both the accused were further sentenced to undergo rigorous imprisonment (RI) for 2 (two) years, along with a fine of Rs. 500/- each, for the offence under Section 498A of the IPC. (f) Being aggrieved, the appellant herein filed Criminal Appeal No. 488- DB of 1999 before the High Court. Kanwar Singh-the complainant also filed Criminal Revision No. 208 of 2000 before the High Court for setting aside the judgment and order dated 22/27.09.1999 to the extent of acquittal of Dharamveer and Paramveer. (g) The Division Bench of the High Court, by order dated 14.01.2010, dismissed the appeal filed by the appellants herein while modifying the sentence of life imprisonment to that of rigorous imprisonment for 10 years for the offence under Section 304B while maintaining the sentence in respect of other offence. The Division Bench also dismissed the revision filed by the complainant. (h) Aggrieved by the said judgment, the appellants have preferred this appeal by way of special leave before this Court.
(3.) Heard Mr. T.S. Doabia, learned senior counsel for the appellants and Mr. Narender Hooda, learned senior counsel for the respondent-State. Rival Submissions:;