- (1.) Appellants Khushi Ram, Ramanand and Lal Kaur having been found to be legally accountable for the death of Poonam wife of Ramanand, as it was proved to be a case of dowry death, were held guilty for commission of offence under Sections 304-B and 498-A of the Indian Penal Code and were sentenced as under:- U/s 304-B IPC To undergo imprisonment for life U/s 498-A IPC To undergo rigorous imprisonment for three years each and fine of Rs.5000/- each and in default of payment of fine, the accused shall further undergo rigorous imprisonment for a period of six months. The substantive sentences shall run concurrently. Assailing the judgment of conviction dated 2.6.2003 and order of sentence dated 4.6.2003 passed by learned Sessions Judge, Gurgaon, the appellants preferred the instant appeal.
(2.) The case with regard to death of Poonam was registered on the allegations contained in the First Information Report registered on the statement of Raghubir Singh (paternal uncle of the deceased). He stated that his brother Balbir Singh had four daughters amongst whom Poonam was the youngest. She was married with Ramanand of Noorpur on 11.5.1999 as per Hindu rites. Jagmal Singh was the mediator in the marriage alliance. The parents of Poonam gave sufficient dowry, which included valuable articles like scooter, refrigerator, cooler, colour television, sofa set, machine, other household articles, gold ornaments weighing 15 tolas and cash amount of Rs.51,000/- at the time of marriage. In addition to it, an amount of Rs.1½ lac was spent on marriage ceremonies and reception of marriage party etc. Still, the in-laws of Poonam were not satisfied. After three days of the marriage, his (complainant's) son Satbir alongwith Harbir s/o Maha Singh went to the matrimonial home of Poonam but to them Khushi Ram father-in-law, Lal Kaur mother-inlaw and Ramanand husband of Poonam expressed annoyance for not giving a Car and Rs.one lac in cash in dowry at the time of marriage. They refused to send Poonam and asked them to call the father and paternal uncle of Poonam to take her with them. Satbir and Harbir came back and told about the entire conversation to him (complainant) and his brother Balbir Singh. They both alongwith Attar Singh s/o Dhanna Ram then went to the matrimonial home of Poonam to bring her and in their presence, the aforesaid persons as well as Mahender Kumar brother and Babli @ Santosh sister of Ramanand reiterated demand for a Maruti car and Rs.one lac in cash. They expressed their inability and tried to make them understand and ultimately, Poonam was allowed to accompany them. After about 20 days thereof, Ramanand came and took Poonam back to the matrimonial home. She stayed there for one month and when she again came to her parental home, she cried and informed her parents and uncle etc. that she was being maltreated and physically assaulted by her husband, parents-inlaw and sister -in-law etc. on account of their demand for additional dowry i.e. a Car and cash amount of Rs.one lac. He (complainant) and his brother called the in-laws of Poonam and again tried to explain their position and on their assurance that there would be no problem in future, Poonam was again sent to her matrimonial home.
(3.) On 29.10.1999, Poonam informed Jagmal Singh that she was being beaten by her husband and her in -laws for bringing more gifts and dowry. On 30.10.1999, he (complainant) and his brother Balbir Singh alongwith Jagmal Singh went to the matrimonial home of Poonam. She weeped bitterly and told them about the torture she was facing at the hands of her in-laws on account of their demand for a car and cash amount as additional dowry. They talked to her parents-inlaws and husband, who admitted their fault and assured that she will not face any kind of harassment in future. However, on 31.10.1999, they received an intimation on telephone that Poonam had been killed by her in-laws. On receipt of information, they went to Noorpur and on enquiry, were satisfied that his (complainant's) niece Poonam had either been killed by Khushi Ram, Lal Kaur, Ramanand and Babli @ Santosh or she had herself committed suicide due to the torture she was facing at the hands of her in-laws. On completion of investigation and other formalities the appellants alongwith Mahender Kumar and Babli @ Santosh were challaned and sent to the Court for trial. They were charge-sheeted for the commission of offence under Sections 406/498-A of IPC and Section 5 & 6 of the Dowry Prohibition Act, to which they pleaded not guilty and claimed trial.;