- (1.) The present appeal has been filed against the judgment/order dated 17.8.2010, passed by the learned Additional Sessions Judge, Jind, whereby Moji Ram and Sardio Devi were acquitted and appellant Prem Singh was convicted for the offence punishable under Section 304-B of the Indian Penal Code and sentenced to undergo R1 for a period of ten years and to pay a fine of Rs. 5000/- or in default of payment of fine to further undergo simple imprisonment for a period of three months. The facts necessary for adjudication of the matter as narrated in para No. 2 of the impugned judgment are as under:- Gulab Singh complainant had three daughters and two sons. He had married one of his daughter namely Smt. Khamosh with accused Prem Singh son of Moji Ram, r/o Shital Puri Colony, Narwana Road, Jind about 5 years back in accordance with Hindu rites and ceremonies after which one son namely Jatin was born out of the wedlock. Prem Singh husband, Moji Ram, father-in-law and Smt. Sardio Devi, mother-in-law of Smt. Khamosh started taunting her on account of insufficient dowry given to her at the time of her marriage and, therefore, they also started beating her quite frequently on account of dowry Remands. Smt. Khamosh also disclosed on her parents that her husband, mother in law and father in law are also taunting her daily for construction of their house by way of saying to her that she come from a very poor family as her parents had not given anything in dowry and, therefore, now she should bring a sum of ' One lac from her parents for construction of the house otherwise they will not allow her to remain in the matrimonial home upon which Gulab Singh complainant, his son Shamsher and brother Raj Kumar went to the house of her in laws and told them they belong to a very poor family and they had already given sufficient dowry articles at the time of the marriage and, therefore, they should keep their daughter in a comfortable manner upon which her in laws kept Smt. Khamosh comfortably for sometime but on 21.04.2009 Smt. Khamosh informed her parents that her husband, mother in law and father in law are again harassing her for bringing a sum of ' One lac and, therefore, she also asked her father that he should fulfil dowry demand of ' One lac, otherwise either she will be killed or she will be committed suicide on account of harassment caused by her in laws and, therefore, on 22.4.2009, Gulab Singh complainant alongwith his son Shamsher and brother Raj Kumar went to the house of the in laws of her daughter Smt. Khamosh at Shivpuri Colony, Narwana Road, Jind and told them that he is a poor man but inspite of it he would give the demanded sum of ' One lac to them after one month and, therefore, they should keep ' his daughter in a proper manner after which the complainant alongwith his son and brother came back in their house. On the same day at about 9.00/9.30 am Gulab Singh complainant received a telephonic message from some neighbourer of her in-laws family that his daughter Khamosh has ended herself after which the complainant alongwith his other members of the brotherhood came at the house of the in-laws of the daughter where many persons alongwith police officials were present but no member of the family of the in-laws of his daughter was present there. Gulab Singh complainant in the presence of the police and other neighbourers saw that one door of the house was lying bolted from the inside which, however, opened easily after which he saw that his daughter Khamosh was lying hanging by way of tying her chunni from the guarder of the roof and the dead body thereafter was removed by way of cutting the chunni from some distance from the neck. It is alleged that the husband, mother-in-law and father in law of Khamosh have caused the death of Khamosh after which she was hanged from the guarder of the room and therefore, report Ex. PD was lodged by Gulab Singh complainant with the police on the basis of which FIR Ex. PD/1 was registered against the accused. The police prepared site plan Ex. PL and obtained scaled site plan Ex. PJ. Post mortem examination was conducted upon the dead body of Khamosh vide post mortem report Ex. PK/2 on the basis of application Ex. PK/1 moved by the police. The police took into possession some of the dowry articles from the possession of accused Sardio Devi vide recovery memo Ex. PG. The police took into possession writing regarding Nyota Vivah Ex. PH in respect of Smt. Khamosh. The police also took into possession photographs Ex. PE and PF, P1 to P19. Police recorded the statements of the witnesses and after usual investigation into the case, challan was presented in the court of Sh. Sundeep Singh, Chief Judicial Magistrate, Jind who vide his order dated 18.7.2009 committed the case to the court of Session, who vide his order dated 8.8.2009 entrusted the case to this Court for disposal in accordance with law.
(2.) The accused were charged under Sections 304-B read with Section 34 of IPC, to which they did not plead guilty and claimed trial.
(3.) In order to substantiate the charge, the prosecution has examined as many as twelve witnesses, which are as under:- PW 1 Constable Sandeep Singh, proved the recovery memo Ex. PA pertaining to the parcels containing belongings of the deceased. PW 2 HC Krishan Kumar, proved the recovery memo Ex. PB, pertaining to two photographs Marks 'A' and 'B', photocopy of Bahi page Mark 'C' photocopy of disability certificate Mark 'D'. PW 3 ASI Dhir Chand has proved recovery memos Ex. PC pertaining to three pieces of bangles and one mobile, Ex. PA signed by him. PW 4 Gulab Singh, complainant, father of deceased Khamosh, who lodged the FIR. PW 5 HC Dilbag Singh, draftsman, who proved Ex. PJ scaled site plan. PW 6 Narsi Ram, who accompanied Gulab Singh complainant to the house of the in laws of Khamosh. PW 7 Dr. RS Tanwar, who proved PMR Ex. PK/2 of deceased Khamosh. PW 8 HC Deva Nand, who kept sealed parcels alongwith seal impression. PW 9 Inspector Kulwant Singh, who prepared the final report under Section 173 Cr.P.C. PW 10 Smt. Santra, mother of the deceased PW 11 ASI Raj Kumar, who registered FIR Ex. PD/1. PW 12 ASI Ram Chander, Investigating Officer, who conducted the investigation in the case. He visited the spot and recorded the statements of the witnesses.;