- (1.) This judgment of mine shall dispose of Criminal Appeal No. 296-SB of 2000 preferred by Rajnish accused-Appellant (herein referred as, 'the accused') and Criminal Revision No. 1347 of 2000 filed by the complainant, against the judgment dated 23.2.2000/7.3.2000 passed by the learned Additional Sessions Judge, Jagadhri, vide which Mohinder, Mewa Devi, Binder and Phool Chand were acquitted, whereas, Rajnish accused was convicted and sentenced to undergo rigorous imprisonment for eight years under Section 304-B and rigorous imprisonment for two years and to pay fine of Rs. 1000/- under Section 498-A IPC.
(2.) This is yet another case where Nirmla deceased having failed to bear the maltreatment and torture at the hands of her husband, ended her life within seven months of the marriage. Eventually FIR No. 54 dated 25.1.1998 was registered against the accused (husband), his brother Mohinder, his parents Phool Chand and Mewa Devi and Binder wife of Mohinder. The case has been registered at the instance of Jai Pal. The relevant translated extract of the statement made by Jai Pal is as under: Jai Pal son of Antu Ram caste Harijan, resident of village Dharaung, Police Station Sadar Yamuna Nagar, District Yamuna Nagar. I performed the marriage of my daughter Nirmla aged about 20 years with Rajnish Kumar son of Phool Chand Harijan resident of Jarodi P.S. City Jagadhri according to the Hindu rites and ceremonies just seven months ago. After the marriage the deceased stayed at her matrimonial house only for one month. Thereafter she was brought back. At that time Nirmla told us that her father-in-law Phool Chand, mother-in-law Mewa Devi, Binder Jethani and Mohinder brother of her husband Rajnish used to say that her parents had not given the colour TV which was demanded by them and they had further told that she should return with one buffalo. Thereafter, Rajnish and her mother Mewa Devi came to me for taking Nirmla. They also remonstrated for not giving colour TV and a buffalo. We said that we are not in a position to fulfill the demand but we promised to give the same in near future. Saying so, I had sent my daughter with them. Thereafter, my daughter used to visit off and on and tell that the accused were saying that she has hot conceived so far, therefore, I along with my relative Phool Chand and Rajnish my son in law got my daughter checked up from the doctor who gave the report that she had no defect. About 15 days prior to the occurrence, Rajnish and Mohinder came to take my daughter. I sent her with them. At that time also, they had demanded colour TV and a buffalo. One week thereafter my son Vinod Kumar had gone to see my daughter in village Jarodi but while coming back they told me that in laws of my daughter were complaining for not giving colour TV and a buffalo. Today at about 10.00 AM Mohinder elder brother of Rajnish came to us and informed that Nirmla had expired. He did not disclose any cause of death. I had also disclosed the factum of demand of colour TV and a buffalo to ex-sarpanch Jagmal and Roshan Lal member panchayat. Thereafter, I my brother Dharampal, wife Mera Devi son Vinod Kumar and many persons of the village went to the village Jarodi and, after collecting Panchayat, we enquired the cause of death of Nirmla but they did not give any satisfactory reply.
(3.) On the aforesaid statement made by Jai Pal on 25.1.1998, FIR Ex. PF was registered and the case was investigated. ASI Dalip Kumar recorded the statements of the witnesses, got the dead body of Nirmla postmortemed, arrested the accused Rajnish and during interrogation he disclosed that he had kept concealed a rope under an iron box in his house and he could get the same recovered and thereafter he got the said rope recovered which was taken into possession by the Investigating Officer. The postmortem report revealed that the cause of death was asphyxia due to strangulation which was anti-mortem in nature and sufficient to cause death in the normal course. On completion of the investigation, challan against all the accused was presented in the court.;