- (1.) Sadhu Ram complainant PW-6 was father of four daughters and two sons. One of his daughters, namely Mukesh in the year 1996 was married with Kulwant Singh-appellant No.1. On 23 rd April, 2001 Mukesh, in her matrimonial home, was found dead. She died due to hanging. The death of Mukesh led her father Sadhu Ram to lodge FIR Ex.P35. Translation of the FIR in English has been reproduced by the trial Judge in para No.2 of the impugned judgment. For facility of reference, the same is reproduced herein below: "I am Sadhu Ram son of Matu Ram, caste Harijan Chammar, r/o Bapora and aged about 50 years. I have four daughters and two sons. My eldest daughter is Bimla, who is married in village Balsmand and younger to her was Mukesh, aged about 22-23 years, married to Kulwant son of Ram Singh, Chamar Harijan, r/o 12 Quarter, Hisar. She was married to him about four years back. Mukesh gave birth to a female child, who is two years of age. After six months of marriage of Mukesh, her mother-in-law Santro Devi wife of Ram Singh and her Dewars Hukam Singh and Balwan Singh and her husband Kulwant Singh were harassing Mukesh Rani on the ground that she had brought less dowry. I had spent a sum of Rs.1,00,000/- at the marriage of Mukesh, according to my financial status. I had given all household articles, but mother-in-law of Mukesh Rani, her Dewar and her husband were demanding a sum of Rs.10,000/- for the fridge. They gave beating to my daughter Mukesh and sent her to parental home. My daughter Mukesh remained in my house for one month and thereafter, Krishan son of Nanu Ram, Ravi Dass son of Nanu Ram r/o Bagesawri Distt. Bhiwani along with the uncle of Kulwant and Santro and Kulwant, my son-in-law, came to our village Bapora in the shape of Panchayat and assuring us that now Mukesh will not be harassed, took Mukesh to their house. About 2-1/2 years back, my daughter was pregnant and they again put forward the demand of dowry and after beating Mukesh Rani, they turned her out of the matrimonial home and told her that she should bring money, otherwise she would not be kept in their house. My daughter Mukesh remained at my house and she delivered the child about two years back. My daughter Mukesh remained in the parental house for 1-1/2 years. On 10.12.2000, again her in-laws came in the shape of Panchayat and there was the decision before the Panchayat that they would not harass Mukesh. They also produced an affidavit to this effect. On 23.4.2001, I received the telephonic message from one Ram Karan Nai s/o Chiranji Lal Nai r/o 12 Quarter, Hisar at about 6.00 or 7.00 in the evening in the house of neighbourer Bal Mukand that my daughter had died and that we should come to Hisar. On this information, I and my brother Kartar Singh s/o Perbhati Lal Chammar r/o Bapora and my son Ashok, came to Hisar and reached the matrimonial home of my daughter in the area of 12 Quarter, Hisar. We inquired about the death of my daughter and came to know that my daughter Mukesh had been murdered by strangulation with the common intention of my son-in-law Kulwant and Santro mother-in-law of my daughter and Devers of my daughter namely Balwan and Hukam Singh for having brought less dowry. My statement has been recorded."
(2.) The investigating agency, in pursuance of the FIR Ex.P35, concluded the investigation and submitted a report under Section 173 Cr.P.C. for trial of husband Kulwant Singh, mother-in-law Santro Devi, and two young brothers of Kulwant Singh namely Balwan and Hukam Singh. Since Hukam Singh was a juvenile, his trial was entrusted to the appropriate Juvenile Board.
(3.) The case qua remaining accused was committed to the Court of Sessions and for trial was entrusted to the Court of Additional Sessions Judge (Adhoc), Hisar, who vide impugned judgment dated 26 th August, 2002 held Kulwant Singh guilty of offences punishable under Sections 304-B and 498-A IPC. Santro Devi was acquitted under Section 304-B IPC and was convicted for an offence punishable under Section 498-A IPC only. However Balwan, younger brother of Kulwant Singh, was acquitted of both the charges. Vide a separate order dated 28 th August, 2002, accused Kulwant Singh was sentenced to undergo rigorous imprisonment for a period of seven years and three years under Sections 304-B and 498-A IPC respectively. Whereas, accused Santro Devi was sentenced to undergo rigorous imprisonment for a period of three years under Section 498-A IPC. Each of the accused was also directed to pay a fine of Rs.500/- under Section 498-A IPC, and in default thereof to further undergo rigorous imprisonment for six months.;