T.P.S.MANN,J - (1.) THE appellants have filed the present appeal against the judgment and order passed by Additional Sessions Judge, Rohtak on 15.4.1994, whereby they were convicted under Section 304-B IPC and sentenced to undergo imprisonment for eight years each.
(2.) THE marriage of appellant Sukhbir Singh was solemnized with deceased Smt. Sumitra on 11.2.1989. On the same day itself, younger sister of Smt. Sumitra was also married to Om Parkash, younger brother of Sukhbir Singh. Smt. Sumitra started living at the house of her husband in village Matanhel, while the muklawa ceremony of Geeta, younger sister of Smt. Sumitra, had not taken place. Sukhbir Singh and his mother Phool Kaur, started demanding more dowry, including a colour TV, house-hold goods and an amount of Rs. 10,000/- by way of contribution to the amount of Rs. 20,000/- which the accused had already spent on getting Om Parkash recruited in the Army. The father and uncle of Smt. Sumitra visited her house on a number of occasions when they were appraised by her about her an amount of Rs. 10,000/- by way of contribution to the amount of Rs. 20,000/-, which the accused had already spent on getting Om Parkash recruited in the Army. The father and uncle of Smt. Sumitra visited her house on a number of occasions when they were appraised by her about her harassment on account of non-fulfilment of the various demands of accused. The accused used to harass and torture her besides giving beatings. On 24.6.1962, when Vijay Kumar, brother of Smt. Sumitra, went to her house so as to bring her for visiting her parents house, instead of his sister being sent with him, he was not even allowed to talk to her. Father and other family members of Smt. Sumitra learnt on 26.6.1992 that she had died an unnatural death. Surat Singh, father of Smt. Sumitra, while accompanied by a number of persons from his village went to village Matanhel and learnt that Smt. Sumitra had been killed on the intervening night of 24th and 25th of June, 1992 and her dead-body cremated by the accused hurriedly. Surat Singh then reached Police Station Sahlawas and apprised the police about the entire situation. His statement Ex. PA was recorded on the basis of which FIR No. 59 dated 27.6.1992 was registered under Sections 304-B/498-A and 201 IPC. The investigation of the case then started. The police inspected the spot and prepared rough site plan Ex. PF. The bones and ashes were picked up from the site of the pyre in the cremation ground and taken into possession vide memo Ex. PG. Site plan Ex. PH of the said place was also prepared.
(3.) VIDE report Ex. PO, Chemical Examiner, after examining the bones and ashes, gave an opinion that they were of a human being. The investigation was completed and the challan finally presented in the Court of Ilaqa Magistrate from where it was committed to the Court of Sessions.;