ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 11.1.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 146-DB of 1994, wherein the High Court has reversed the judgment and order of the Sessions Court in Session Case No. 44 of 1989 dated 3.8.1993, by which the appellant has been acquitted of the charges under Sections 304-B and 498-A of the Indian Penal Code, 1860 (hereinafter referred as 'IPC').

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Aggrieved, the State preferred Criminal Appeal No. 146-DB of 1994 before the High Court. The High Court reappreciated the entire evidence and came to conclusion that there was nothing on record to show that Indro, deceased, died of fits; no medical evidence had been produced to show that she had been suffering from fits. There was sufficient evidence on record to show demand of dowry by the appellant from his father-in-law. The appellant had been making taunts and caused torture to the deceased on the ground of inadequate dowry. The demand by the appellant had been fully supported by Suresh (PW.2) who purchased the house of the complainant for a sum of Rs.12,000/-. Indro died within a period of one and a half years of marriage. The High Court convicted the appellant under Section 304-B IPC and imposed the punishment of 7 years rigorous imprisonment, further under Section 498-A IPC imposed the punishment of six months RI. In respect of other persons the order of acquittal passed by the trial court was maintained.