Criminal Appeal No.337-SB of 1997 v. State of Haryana

Appellants were committed to Sessions Court by learned Sub Divisional Judicial Magistrate, Bahadurgarh for an offence under Section 304-B read with Section 34 of the Indian Penal Code (`IPC' for short). Vide judgment dated 5.4.1997 passed by the Additional Sessions Judge Rohtak, appellants were convicted for aan offence under Section 304-B read with Section 34 IPC and vide order dated 7.4.1997, all the accused were sentenced to undergo rigorous imprisonment for ten years each. Hence, the present appeal by the accused-appellants. The brief facts of the case, as noticed by the Appellate Court in paras 2 to 5 of its judgment, are as under:- “2. Brief facts of the case as alleged by the prosecution may be narrated as under: Rajwanti since deceased resident of village Mitrau (Delhi), was married with accused Balwant, resident of Criminal Appeal No.337-SB of 1997 2 Bahadurgarh on 4.3.1994. After 2-3 days of the marriage when Rajwanti alongwith her husband went to her parental home, she told her family members that all the three accused Narain Singh, Smt.

Santra Devi and Balwant taunted her saying that she had not brought anything in dowry and she was also given beatings. She was advised that the matters would settle down slowly. However, even thereafter whenever Rajwanti came to her parental home, she would complain of dowry demands being made by all the three accused asking her to bring Refrigerator or Rs.10,000/- from her parents. Richhpal Singh, father of the deceased is retired employee of DTC and is patient of Asthma and usually remains sick. So, once complainant Ishwar Singh, who is younger brother of Richhpal Singh came to Bahadurgarh and counselled Narain Singh accused that their demand would be met whenever they would be in a position to meet it and that Rajwanti should not be harassed. In June, 1994, Rajwanti was brought to her parental home on the occasion of birth of a son to her brother Hari Om. Even then Rajwanti told her parents and uncle Ishwar Singh that the accused would not spare her and would demand the amount of Refrigerator immediately on her return.

However, Rajwanti was counselled and sent with her husband to Bahadurgarh in first week of July,1994. Thereafter, at mid-night between 25/26.7.94, 3-4 persons from Bahadurgarh came to the house of complainant and told that Rajwanti had consumed tablet used for preservation of wheat (Poisonous pill), Ishwar Singh along with his other brother Jagdish Singh came to MCH Rohtak, next morning and Criminal Appeal No.337-SB of 1997 3 found that Rajwanti had died. She either consumed poison herself due to harassment by the three accused over dowry or she was administered poison by them. Complainant made statement Ex.PD to HC Baljit Singh, who made his own endorsement Ex.PD/1 on it and sent it to Police Station City Bahadurgarh, where FI R Ex.PD/2 was recorded on its basis.

Earlier, deceased Rajwanti had been taken to Civil Hospital, Bahadurgarh from ruqqa Ex.PA was sent by Dr. A.K.Mundra at

3.00 a.m. on 26.7.94, to Police station City Bahadurgarh that she was brought in serious condition as a suspected case of poisoning and she had been referred to MCH Rohtak. From MCH Rohtak ruqqa was sent to Police Post MCH Rohtak that Rajwanti was brought dead. Accordingly, VT message Ex. PF was sent from the said Police Post to Police Station City Bahadurgarh that Rajwanti was brought dead in MCH Rohtak. Thereupon, HC Baljit Singh went to MCH Rohtak and recorded statement Ex.PD of the complainant and then conducted the inquest proceedings on the dead body of Rajwanti and prepared the inquest report Ex.PG and sent the dead body for autopsy with application Ex.PH. Dr.Poonam Malhotra and Dr.A.P.Sharma conducted post mortem examination on the dead body and found the organs to be healthy and congested. Sealed parcels of viscera i.e. stomach, small and large intestines, liver spleen and kidneys were given to the police. On chemical examination the aforesaid viscera gave positive test for Aluminum Phosphide poison as per report Ex.PK . So cause of death was poison. Criminal Appeal No.337-SB of 1997 4

On 28.7.1994 accused Balwant and Narain Singh were arrested and on 29.7.94, acused Santra Devi was arrested. On 30.7.94, accused Balwant gave dowry articles to ASI Ishwar Singh vide memo Ex.PL/1. On 19.8.94 Hari Om brother of the deceased gave marriage card of the deceased Ex.P1 to ASI Ishwar Singh vide memo Ex.Pl/2. On completion of investigation, city Bahadurgarh police presented this challan for trial of all the three accused as above.

On the basis of the material on record, charge under Section 304-B and 498-A read with Section 34 of the Indian Penal Code was framed against all the three accused. They pleaded not guilty to charge and claimed trial” Learned counsel for the appellants has vehemently submitted that no case was made out against the appellants. They had been falsely involved in this case. In fact, the deceased was having love affairs with Parmod and since the said Parmod had committed suicide on 13.7.1994, the deceased had also committed suicide. Complaint had not been filed by the parents of the deceased but had been moved by uncle of the deceased. The prosecution had failed to establish that there had been any demand of dowry by the appellants. Learned State counsel, on the other hand, has submitted that the deceased Rajwanti had died within a few months of her marriage due to harassment meted out to her on account of insufficient dowry brought by her.