- (1.) Appellant Shiv Parkash was married with Sumitra on 25.3.1992. Sumitra had committed suicide by consuming colorompound group of insecticides. For her death, Appellant being husband along with his father Sish Ram and mother Santro was tried in the case FIR No. 722 dated 30.12.2000, registered at Police Station Sadar, Hisar, under Sections 498-A and 306 read with Section 34 IPC.
(2.) The trial Court, vide its judgment dated 11.12.2002, acquitted all the accused for the offence under Section 306 read with Section 34 IPC. The parents-in-law of deceased Sumitra were also acquitted for the offence under Section 498A IPC, however, the Appellant was held guilty for the said offence and vide a separate order dated 14.12.2002, he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000, in default whereof to further undergo rigorous imprisonment for a period of nine months.
(3.) The trial Court, in para No. 3 of its judgment, noticed the translated version of FIR Ex. PT and for facility, the same is reproduced as under- ...I am Wazir Singh son of Daya Singh, caste Jat, resident of Jewra and also work as Compounder in C.M.C. Hospital, Hisar. We are five brothers and sisters and we are two brothers namely elder one is Sukhbir, I am younger to him. Shakuntala, my sister, is younger to me and thereafter is Sumitra, who was married to shiv Kumar son of Sish Ram, Jat, in March 1994 and they are residents of village Buran. The marriage was celebrated according to Hindu Rites and we had given ''Daan Dahej'', according to our financial position. After some days of the marriage, Shiv Kumar, my brother-in-law, started harassing my sister Sumitra because he is in the habit of taking liquor. On his demand, we gave a buffalo to them in the shape of ''Dahej''. After some days, my sister Sumitra, gave birth to a daughter and she is named Mukesh and her age is about 4 years. After the birth of the girl, when, my sister, went to village Jewra and she told that Shiv Parkash was demanding money and by arranging the amount with difficulty, we gave Rs. 20,000 in cash as ''Dahej''. But Shiv Parkash was not satisfied. We then took the Panchayat to his village in which my father Daya Singh, Balbir Singh son of Deewan Singh, Shamsher and Balwant, all residents of village Jewra went there in village Buran. Shiv Parkash and his parents were persuaded and they said that they would not harass Sumitra any more. But Shiv Parkash and his parents continued harassing my sister. About 15 days back, I had gone to village Buran to meet my sister and she told me that her husband and mother-in-law and father-in-law, were harassing her in connection with dowry. She told that it was difficult for her to live there. Today, the in-laws of Sumitra brought Sumitra in C.M.C. Hospital and Sumitra was in an unconscious condition at that time. She had given some poison or administered some spray etc. and because of this, she died today in the evening. Legal action be taken against the accused persons. My statement has been recorded....;