- (1.) Radha, aged 22 years, daughter of Daya Chand PW-2, belonging to Mohalla Kumharan Wala Ward No. 21, Jind was married with Dhara accused in the year 1988 in village Popran, within the area of Police Station, Alewa, district Jind, in Haryana. On 4.3.1992, an information allegedly reached Daya Chand PW-2 that his daughter had been killed by her in-laws by administering her poison. They reached village Popran the same day and came to know that the cremation had already taken place. On 6.3.1992, Daya Chand PW-2 made a statement Ex. PA before DSP D.K. Bhardwaj PW6 at 5.00 P.M. and on its basis formal F.I.R. Ex. PA/2 was recorded at the Police Station at 5.30 P.M. On 6.3.1992. The special report reached the learned Ilaga Magistrate at 7.00 P.M. on the same day. After recording the statement of Daya Chand PW-2, DSP D.K. Bhardwaj PW-6 went to the spot and prepared rough site plan Ex. PJ showing the place of occurrence. He also recorded the statements of the witnesses. A nip of glass vial containing some liquid was taken into possession from the Almirah vide memo Ex. PB. On 11.3.1992 all the accused were arrested. In pursuance of his disclosure statement Ex. PK Dhara accused disclosed the place where the dead body of Radha deceased was cremated. Some pieces of burnt bones and ashes were lifted vide memo Ex. PC.
(2.) The parents of the husband, namely, Munshi and Smt. Shanti were said to be responsible for the death of Radha deceased as well as demanding a sum of Rs. 5000/- and a coloured TV. All the five accused, namely, Munshi, Dhara, Smt. Shanti Gulaba and Niwasa were tried under Sections 304-B and 201 of the Indian Penal Code. However, they were acquitted by the learned trial Judge of the charges framed against them.
(3.) Aggrieved against the order of acquittal, the State has filed the present appeal. The version of Daya Chand PW-2, father of the deceased, was that his daughter stayed with them for about 1-1/2 months before the incident took place. He also stated that in fact Rs. 5000/- demanded by the accused persons were paid at that time. He had borrowed this money from one Raghbir. Still there was a demand of a coloured T.V. A few days before the incident the deceased had gone to her in-laws house where the occurrence took place. He also did not say that any grievance was made by her when she visited the house and stayed there for 1-1/2 months though earlier she had been making grievance against the accused. Risal Singh PW-3 had gone along with Daya Chand PW-2 father of the girl to the place of the deceased and claimed that the cremation had already been performed. According to him, a sum of Rs. 5000/- were paid by the father of Radha deceased from his own pocket to his son-in-law. Smt. Sirian PW-4 mother of the deceased also stated that her daughter was being mal-treated for want of dowry and still there was a demand of coloured T.V. This is the conceded case to the extent that the husband of the deceased i.e. Dhara accused used to live for long durations in Delhi in connection with avocation of his life and for most of the time the deceased lived at her parents place. There is neither enough evidence on the record nor the learned A.A.G. appearing for the State could point out during the course of arguments that Dhara the husband of the deceased lead either ever caused any beating to the deceased or there was any specific demand or specific incident on any particular day. The witnesses were silent to specify any specific occurrence of any day which could be said to be a harassment or cruelty to the deceased. The witnesses were also suggested that in fact they joined the cremation and they later on created a story. The case of the accused had been that in fact the deceased was in a family way and she got some health problem due to pRegulation ncy and she was removed from the village Popra to Jind and when they reached near Naguran, the deceased, who was also patient of asthma, passed away. It was, therefore, that the learned trial Judge was of the view that in fact there was no satisfactory evidence even of the demand of dowry nor that of causing any cruelty to the deceased.;