HARBANS SINGH RAI,J - (1.) GIAN Chand and his brother Tara Chand were prosecuted under Section 306 of the Indian Penal Code. Shri K.C. Dang, Additional Sessions Judge, Karnal, acquitted Gian Chand but convicted Tara Chand under Section 306 of the Indian Penal Code and sentenced him to five years' rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine, further rigorous imprisonment for three months. Feeling aggrieved, Tara Chand has filed this appeal.
(2.) PROSECUTION case in brief is that Rajo deceased was married to Tara Chand about two years prior to the incident. She was kept with love and affection for the first six months after the marriage. But thereafter, her in-laws started ill-treating her. The reason for the ill-treatment was that they had a feeling that dowry was inadequate. On 12.6.1985, ASI Rohtas Singh was on his way to village Nadana. Tara Chand accused met him near the bridge and made statement Exhibit PC to the effect that his wife Rajo Devi had committed suicide by hanging. ASI Rohtas Singh sent the statement to Police Post and himself proceeded to village Shekhanpur. There he prepared the inquest report Exhibit PB and sent the dead body of Rajo to Civil Hospital, Karnal, for post-mortem examination. On the following day, he went to Civil Hospital, Karnal, where Prem Chand PW father of Rajo made a statement to the effect that his eldest daughter Rajo was married with Tara Chand, resident of village Shekanpur, about two years back. Tara Chand and his elder brother used to taunt Rajo that she was of dark complexion. Tara Chand was also making demand for money. Prem Chand had paid Rs. 200/- or Rs. 100/- to Tara Chand on three four occasions but demand of Tara Chand remained unsatisfied. On his (Prem Chand) refusal to spare further amount, Tara Chand started teasing his daughter Rajo. In spite of his best efforts, Tara Chand continued to ill-treat her daughter and she being fed with the treatment of her husband committed suicide. Earlier to suicide on 5.6.1985, Rajo and Tara Chand had come to his (Prem Chand) village had Rajo and complained that Tara Chand is pressing her for money and wants Rs. 5,000/- Prem Chand told Rajo and Tara Chand that he has no money but gave a good trinket bearing the inscription of Om on it. He was informed on 2.6.1985 that his daughter has died because of abnormal pain. He went to village Shekhanpur along with his wife Phullo and other family and Panchayat members from there they went to Civil Hospital, Karnal, and found the dead body of Rajo there.
(3.) ON the basis of statement of Prem Chand, a case was registered in Police Station Butana. The accused were arrested and after investigation challenged, tried and convicted as mentioned in the earlier part of the judgment.;