Kanwaljit Singh Ahluwalia, J. - (1.) THE instant appeal has been preferred by Balwant Singh son of Dilawar Singh, who was named as accused in case FIR No. 260 dated 8.9.1994, under Section 304 -B IPC registered at Police Station Chhainsa. He was tried by the Court of Additional Sessions Judge, Faridabad, who convicted him under Section 304 -B IPC and sentenced him to undergo Rigorous Imprisonment for ten years.
(2.) BRIEFLY stated the case, as set up in the FIR lodged by Bachan Singh, father of Sukho Bai deceased, is that about four years ago i.e. in June 1990, marriage of his daughter Sukho Bai was solemnized with Balwant Singh -appellant and he had given sufficient dowry according to his capacity. It is further stated that under the influence of liquor, Balwant Singh used to raise demand of dowry and used to give beatings to his wife. It is stated therein that the complainant had given cash to the appellant many times. The deceased used to complain about the conduct of the appellant. The complainant being a poor man had a buffalo, which too was given to satisfy the demand of the appellant. It is further stated that the complainant asked the deceased that since she had given birth to a boy and girl, she should continue in the family. It is further stated in the FIR that on 8.9.1994 at about 10.00/11.00 a.m., elder brother of the appellant relayed information to the son of the complainant that Sukho Bai had died due to stomach pain. On reaching the house of the appellant, they came to know that she had committed suicide by hanging herself with a plastic rope in her neck. After completion of investigation, report under Section 173 Cr.P.C. was submitted. The appellant was charged under Section 304 -B IPC, to which he pleaded not guilty and claimed trial. The prosecution examined 7 witnesses in all. PW1 is Constable Rajinder Singh, who delivered special report to the Illaqa Magistrate. PW2 is Dr. P.S.Yadav, who found ligature mark on the neck of the deceased, 2.5 mm in size in front. He also found tearing of underline muscles, discharge from vaginal and anus and cyanosis with closed eyes, mouth and teeth. According to him, cause of death was asphyxia due to hanging. PW3 is Bachan Singh complainant, father of deceased, who has reiterated the version given by him in the FIR PW4 is Anoj Kumar, draftsman, who prepared the scaled site -plan. PW5 is Paro Bai, mother of the deceased, who has corroborated the version given by her husband Bachan Singh. PW6 is Mool Chand, photographer. PW7 is ASI Sahi Ram, the Investigating Officer. After the prosecution closed its evidence, all incriminating evidence was put to the accused -appellant in his statement under Section 313 Cr.P.C. He denied the same and stated in answer to question No. 13 that the deceased was a quarrelsome lady and used to pick up quarrel whenever he took liquor. In defence, DW1 Lachhman Singh was examined, who deposed that the deceased used to complain regarding the conduct of the appellant as he had been taking liquor and she used to advise him not to take the same.
(3.) I have heard learned Counsel for both the sides and have perused the record as also the statements of the witnesses.;