JUDGEMENT
M.L.SINGHAL, J. -
(1.) SMT . Krishna daughter of Ram Lal was married to Roshan Lal about three years and 6 months prior to October, 2000. Ram Lal had given dowry and gifts to his daughter in the marriage according to his capacity. For about 6 months of the marriage, she was not taunted or ill-treated by her in-laws. She was kept well. Thereafter, taunting and ill-treatment was started. Whenever Krishna came to her parents, she talked weepingly that her in-laws were asking for more dowry. They told Krishna that they were poor and were not in a position to afford any dowry any more. She was sent back to her in-laws. Four-five times after the marriage of Krishna, her father Ram Lal and her uncle Banwari and Bhoop Singh came to the village of her in-laws to enquire about her. In their presence, her husband, younger brothers of her husband and her mother-in-law Sarbati alias Saraswati-petitioner herein taunted Krishna and beat her. Ram Lal asked Krishna whether it was routine that they taunt her and beat her or when he happens to visit them, Krishna replied with tears rolling down her eyes that it was routine that they taunt her and ill-treat her. She further told them that she was passing each day in difficulty. Krishna was turned out of the matrimonial home several times. Once or twice she was brought to the matrimonial home and was inducted in the matrimonial home, with request to his son-in-law, Kurmani Sarbati, his son-in-law's brother that he was a poor man, unable to give any more, and had a large family and they should keep his daughter Krishna in the matrimonial home and treat her well.
(2.) ON 30.10.2000 at about 9.00 a.m. 3-4 persons of the village of her son-in-law came to his village Gabarh and told him that his daughter has died. Ram Lal lodged F.I.R. No. 778 dated 30.10.2000 under Sections 498/302/304-B/34 IPC at Police Station Sadar Hisar.
Learned counsel for the petitioner submits that there is no allegation that there was any specific demand made by the mother-in-law, husband or brothers-in-law of Krishna. There is no allegation that they made any demand or they ever turned her out of the matrimonial home. He submits that F.I.R. is based on the false allegations that there was demand of dowry and on his inability to fulfill their demand, she was ill-treated. It is further submitted that in the F.I.R. there is no specific demand. It is just for filling up the lacuna in the prosecution case that demand for Rs. 50,000/- and motor cycle was mentioned in the supplementary statement of Ram Lal recorded on 20.11.2000 that her husband was asking for Hero Honda motorcycle by way of the dowry and her mother-in-law Saraswati demanded Rs. 50,000/- in cash and as she was unable to fulfill this demand of her in-laws she was given beating.
(3.) BROTHERS -in-law of Smt. Krishna are already on bail. Petitioner has been in jail for the last 8 months and 15 days.;
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