- (1.) This appeal was heard by us on 04.01.2011 when on considering the submissions made by the counsel for the Appellant and the counsel for the Respondent-State of Haryana as also the evidence on record, the following order was passed: Arguments heard. This appeal is partly allowed. Conviction under Section 302 IPC is set aside and altered to one under Section 306 IPC. Sentence of rigorous imprisonment for seven years is imposed on the accused Appellant. The accused-Appellant will be entitled to set off in accordance with the provisions of Code of Criminal Procedure. In the event the accused-Appellant is required to undergo any further period of custody to serve out sentence imposed on him he may be taken into custody forthwith. Our reasons for the conclusions recorded above will follow. Reasons:
(2.) The allegations, as per prosecution, in brief are that the Appellant Sucha Singh was married to Kaushalya Devi (deceased) about nine years prior to the date of occurrence i.e. 07.08.2000. Sufficient dowry was given but the Appellant and his family members were not satisfied with the same and started harassing Kaushalya Devi for bringing more dowry. Whenever she visited the house of her parents she narrated the cruelty meted out to her and the demand made by the Appellant and his family members. She used to take with her whenever she visited her parents clothes and other gifts in order to appease the Appellant and his family. Out of the wed-lock, three sons were born. The. Appellant was addicted to liquor and everyday after consuming liquor, gave beatings to his wife and to satisfy his urge for liquor, he would ask her to bring more money from her parents. About 10 days' prior to the death of Kaushalya Devi, she had sent a message that some cash amount be sent to the Appellant for appeasing him. Reshma Devi, aunt of Kaushalya Devi and wife of Gurdev Singh (complainant) uncle of the deceased, visited her and gave Rs. 2,000/- to Kashalya. On returning to her house, Reshma Devi told the family members that Kaushalya was unhappy and distressed because of mal-treatment given to her.
(3.) The first informant Gurdev Singh, uncle of the deceased Kaushalya, while he was returning to his house from HMT, Pinjore where he was employed, got down at Ramgarh, a village near the matrimonial village i.e. Mankian of Kaushalya. He came to know at the bus stop that his niece has been murdered. He sent a message to his brother Karnail Singh, father of the deceased Kaushalya Devi, who arrived there and from there, they went along with the police party to the house of the Appellant where they found body of the Kaushalya Devi lying on the cot in the courtyard of the house.;