- (1.) The prosecution story is as under:- Deceased Rajal, daughter of P.W.- 1 Bhateri Devi, Complainant, a resident of village Dhani Khan Bahadur had been married with Balbir accused about 6-7 months prior to the present incident. In the wedding, Bhateri Devi and her husband had given dowry according to their capacity to Balbir accused as also to his parents Rameshwar and Shansi, co-accused. Soon after the wedding, however, Rajal started complaining to her parents that the three accused had been taunting her and asking for more dowry. One day prior to the festival of Shakranti, which was three days prior to 15/16.1.1995, P.W.-2 Rohtash, Rajal's brother, had gone to her matrimonial home at Hansi to bring her to her parental house for the festival but the accused refused to send her with him and taunted him for having given insufficient dowry to his sister. They also threatened him saying that in case a double bed and a sofa were not given by him, they would not send her to her parents home for the festival. The demand, however, could not be satisfied by P.W.-1 Bhateri Devi and her husband, who was a handicapped person. On the morning of January 16, 1995, one Sadhu Ram, who was a relative of the complainant, came from Hansi and told her that Rajal had either committed suicide by hanging or had been killed that way. Bhateri Devi, her husband and some other respectables then rushed to Rajal's matrimonial home and found her lying dead. Bhateri went to Police Station, Hansi and registered an F.I.R. at 2.10 P.M.; with the special report being delivered to the Ilaqa Magistrate at 4.10 P.M., the same afternoon. On the completion of the investigation, the accused were charged for an offence punishable under section 304-B of the Indian Penal Code and as they pleaded not guilty, were brought to trial.
(2.) The prosecution, in support of its case, examined inter alia P.W.-l. Bhateri Dev, the first informant and the mother of the deceased; P.W.-2 Rohtash, the brother of the deceased; P.W.-6 Dr. (Mrs.) Urmil Dhattarwal, who had conducted the post-mortem examination on the dead body and had opined that the death had been caused due to asphyxia as a result of hanging; and P.W.-7 A.S.I. Debu Ram, the Investigating Officer, Sadhu Ram (P.W.-), who had carried the message from Hansi to Dhani Khan Bahadur was, however, given up as unnecessary.
(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They admitted the factum of marriage of Balbir accused with Rajal. but stated that Rajal had committed suicide by hanging as she had been suffering from acute depression. Rameshwar and Shanti accused further stated that they had never resided with Balbir accused and had been living separately. They also produced one Jagdish Chander as DW- 1 to prove this plea.;