- (1.) The present criminal appeal has been preferred by the appellants, namely, Telu Ram and Rem Dei, challenging the judgment and order dated 16/19.12.2002, passed by Sessions Judge, Jind, (hereinafter as 'the trial Court'), convicting the accused (herein appellants) for committing offence under Section 306 of the Indian Penal Code, (for short, 'the IPC') and sentencing each of them to undergo rigorous imprisonment for a period of seven years.
(2.) The brief facts of the case in hand, as recorded by the learned trial Court in para 2 of the impugned judgment, are reproduced as under:- 2. The prosecution case, in brief, is that on 22.9.2000 Satey Singh complainant lodged report with the police to the effect that he is an agriculturist. He had four sons and one daughter. He daughter Sona Devi was married with Telu Ram accused about 20 years ago according to Hindu rites and ceremonies. Three daughters, namely, Sudesh aged about 16 or 17 years, Mukesh aged about 8 years and Bhateri aged about four years were born. Ram Dei sister-in-law of Sona Devi daughter of the complainant was married in village Kharbala Kheri. For the last about 14 or 15 years she is residing in village Pokhri Kheri. It is alleged that Sona Devi daughter of the complainant was caused harassment by her husband Telu Ram, by her Jeth Hari Ram, by her sister-in-law Ram Dei and her daughter (Dohti of the complainant) Sudesh. Sona Devi used to tell all this to the complainant etc. at his house. The accused used to remark that progeny of Telu Ram could not perpetuate because she has not given birth to any male child and he also could not be married anywhere else. It is also alleged that the daughter of the complainant was not given food. Being fed up with the conduct of the accused, she used to reside mostly at the house of the complainant. On the assurance of Panchayat of village Pokhri Kheri, Sona Devi daughter of the complainant was taken away, but for the last about two years she was residing at the house of the complainant. About two months prior to the occurrence, the daughter of the complainant was taken away by Ram Dei and her relations. Subhash son of the complainant went to see Sona Devi 2 or 3 times and two days earlier Subhash had come after seeing her sister. It is alleged that Subhash was told by the daughter of the complainant that the accused are causing her harassment and keep her hungry. The son of the complainant had made Ram Dei etc. understood. On 22.9.2000 Dhupa son of Chhotu and Dharambir son of Phula residents of village Pokhri Kheri, at about 10 or 11 AM, came and told that Sona Devi has set herself on fire after sprinkling kerosene oil on her body. On receipt of this information, the complainant and his son Subhash and other family members came to village Pokhri Kheri and found Sona Devi lying dead as a result of the burns. It is also alleged that the complainant etc. enquired and came to know that Sona Devi daughter of the complainant has committed suicide after being fed up with the conduct of her husband Telu Ram, her Jeth Hari Ram, her sister-in-law Ram Dei and her daughter Sudesh. On this report, the present case was registered and investigated. Inquest report was prepared. The dead-body was subject to postmortem examination. The accused were arrested and after completion of investigation, the challan was put up.
(3.) Charges under Section 306/34 IPC were framed against the accused-appellants to which, they pleaded not guilty and claimed trial. In order to substantiate the charges against the accused, the prosecution examined as many as ten witnesses, viz., Dilbag Singh Constable/Draftsman as PW1; Amarjit Singh as PW2; Maha Singh, Constable as PW3; Satey Singh, complainant as PW4; Shri Niwas, Head Constable as PW5; Jasbir Singh, Constable as PW6; Hans Raj Aggarwal as PW7; Bhan Singh, SI as PW8, Ram Mehar, Head Constable as PW9; Dr. V.P. Kakkar as PW10 and Prem Chand, Assistant Sub Inspector, as PW11.;