SHAM SUNDER, J. - (1.) THIS appeal is directed against the judgment of conviction dated 17.4.1998, vide which the Additional Sessions Judge, Kurukshetra convicted Jarnail Singh alias Titu, husband, Shanti Devi, wife of Jagir Singh, mother-in-law and Jagir Singh s/o Krishan Singh, father-in-law of Sudha Rani, deceased, for the offences punishable under Sections 304-B and 498-A read with Section 34 IPC, and the order dated 20.4.1998, whereby all the accused (now appellants) were sentenced to undergo imprisonment for life each, for the offence punishable under Section 304-B read with Section 34 IPC and further sentenced them to undergo rigorous imprisonment, for two years each for the offence publishable under Section 498-A read with Section 34 IPC and to pay a fine of Rs. 1,000/- each, in default to undergo rigorous imprisonment for a period of six months each. All the substantive sentences were ordered to run concurrently.
(2.) THE facts, in brief, are that Surjan Singh, complainant was serving as Manager in Mini Bank, in village Chudiala, having three daughters and three sons. He married his younger daughter, Sudha Rani, on 4.5.1992 with Jarnail Singh alias Titu, s/o Jagir Singh, accused r/o Marcheri P.S. Ladwa, in accordance with the Hindu religious rites and ceremonies. At the time of marriage of Sudha Rani with Jarnail Singh, accused, Surjan Singh had given sufficient dowry, beyond his financial resources, to Sudha Rani, in the shape of Istri Dhan, so that she may be able to start her own house, in a comfortable manner. Jarnail Singh is an agriculturist. In the month of January, 1995, Jarnail Singh alias Titu, his mother Shanti Devi and father Jagir Singh gave too much beatings to Sudha Rani. Surjan Singh, complainant, along with his wife Surjit Kaur on coming to know about this incident, came to the matrimonial home of their daughter and took her along for her treatment. She was got admitted in the hospital of Dr. Nandra in Ambala Cantt. Sudha Rani remained under the treatment of Dr. Nandra for 3 to 4 months. Thereafter, a Panchayat was convened, consisting of the relations of both the parties, and, in that Panchayat, Jagir Singh father-in-law of Sudha Rani, assured that there would not be repetition of any such incident, in future, and they would not demand anything. Despite that, the accused continued giving beatings and taunting Sudha Rani continuously. Whenever, Sudha Rani used to visit her parents, at Village Kesri, she told them that she was being beaten by her in- laws. She also used to tell them that Shanti Devi, her mother-in-law used to taunt her that either Jarnail Singh should be got recruited to some government job, or they should be paid cash amount of Rs. 1 lac, so that he may start some business of his own. Sudha Rani also wrote a letter to her father, in this regard. Surjan Singh-complainant had sent his son Jagmeet Singh to the matrimonial home of her daughter Sudha Rani in Village Marcheri, three or four days before 14.11.1995, and the demand aforesaid was also repeated in his presence. On return to the village, Jagmeet Singh told Surjan Singh- complainant that Sudha Rani was much worried, because her in-laws had again started subjecting her to cruelty, and that she was being compelled either to bring Rs. 1 lac, in cash, for starting some business by Jarnail Singh or for getting himself recruited to some government service. On 14.11.1995, at about 1.00 a.m. (at night), Gurnam Singh s/o Chuhuru Ram and his uncle Budh Ram s/o Badhawa Singh, residents of Ishwargarh came to Village Kesri, and informed Surjan Singh that Sudha Rani had died. On receipt of this information, Surjan Singh along with his wife Surjit Kaur, son Gurmit Singh, brother Jaspal Singh and several other persons of the village, came to the matrimonial home of Sudha Rani. They saw that Sudha Rani had actually died. Her dead body was lying, on the ground, in a room, and there was a piece of scarf (duptta) tied around her neck, and a part of the scarf (dupatta) was tied with the ceiling fan in the same room. Surjan Singh suspected that his daughter Sudha Rani had been done to death, by her son-in-law Jarnail Singh, alias Titu, his mother Shanti Devi and his father Jagir Singh, by chalking out a plan in that regard. After leaving Hakam Singh, ex-Sarpanch and Jaspal Singh with the dead body of Sudha Rani, Surjan Singh went to the Police Station and made his statement Ex. PC, which was recorded by Incharge, Police Post Babain, at 7.30 a.m., on 14.11.1995, which was read over and explained to him and after admitting the same to be correct he signed it. Endorsement Ex. PC/1, was appended thereon, and it was sent to the Police Station, Ladwa, on the basis whereof, FIR copy whereof is Ex. PC/2, was registered. Thereafter, Purshotam Lal, Sub Inspector, Incharge, Police Post Babain, along with Sahib Singh, Head Constable and other police officials went to the house of the accused, in Village Marcheri, in a Government vehicle, and found so many persons present near the dead body of Sudha Rani. Purshotam Lal, Sub Inspector, got photographed the dead body and the scene of occurrence, through the photographer, namely Phool Singh. Thereafter, the inquest report Ex. PG/2 of the dead-body of Sudha Rani was prepared by him in the presence of Surjan Singh, complainant and Hakam Singh, ex-Sarpanch. In the meanwhile, Randhir Singh, Sub-Inspector, Police Station, Ladwa, along with other police officials reached the spot, who verified the investigation.
(3.) AN application Ex. PG/3, was scribed by Purshotam Lal, Sub Inspector for post-mortem examination of the dead-body of Sudha Rani. He handed over the said application, along with the dead body of Sudha Rani to Sahib Singh for getting the post-mortem examination done from the Medical Officer in LNJP Hospital, Kurukshetra. Thereafter, the place of occurrence was inspected by Purshotam Lal, Sub-Inspector, in the presence of Surjan Singh, complainant, and other respectables of the village. He prepared the site plan Ex. PM. From the residential room of Sudha Rani, a part of scarf (dupatta), Ex. P-9, after untying the same, from the ceiling fan with which it was tied, was taken into possession vide recovery memo Ex. PJ after converting the same into a sealed parcel, attested by Surjan Singh and Hakam Singh, prosecution witnesses. On reaching the Police Station, the case property was deposited with the MHC of Police Station, Ladhwa, with seals intact. Thereafter, Purshotam Lal, Sub- Inspector returned to Police Post, Babain, where Head Constable Sahib Singh handed over to him a copy of the post-mortem report and the sealed parcel containing the viscera etc. of the deceased which were returned to Sahib Singh, who deposited the same with the MHC of Police Station, Ladwa.;