Bansi Lal vs State Of Haryana

2. Facts and circumstances giving rise to this case are that the appellant was married to Sarla (deceased) on 4th April, 1988. An FIR was lodged by Shyam Lal (PW.4) father of Sarla (deceased) on 25th June, 1991 making allegations that the appellant, his mother, brother and sister-in-law had consistently harassed his daughter Sarla (deceased) by making dowry demand i.e. a scooter. She had been maltreated by them. After one year of marriage, Sarla (deceased) came and stayed with her family for about 14 months. It was only after convening a panchayat of close relatives, she had returned to her matrimonial home. Again they maltreated and insisted for the demand of a scooter, thus, she had been subjected to cruelty, harassment by demand of dowry to the extent that she committed suicide on 25th June, 1991, at her matrimonial home. 2

3. After investigation of the case, the prosecution filed the chargesheet against the appellant and his mother Smt. Shanti Devi and charges were framed against them under Sections 498-A, 304-B and 306 IPC. The said two accused pleaded not guilty, thus, they were put on trial. It was on 17th May, 1995, that in view of the evidence of the prosecution witnesses, the learned Sessions Judge in exercise of his power under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) summoned the other two accused Ashok Kumar, brother and Smt. Shakuntala, sister-in-law of the appellant and charges were reframed against all the four accused under Sections 498-A, 304-B and 306 IPC vide order dated 6th July, 1995.

4. In order to substantiate its case, the prosecution examined several witnesses including complainant Shyam Lal (PW.4), Gulshan (PW.5), brother of Sarla (deceased), Dr. B.B. Agarwal (PW.1), Shri Arjun Singh Yadav, ASI, (PW.6), Constable Jai Pal (PW.2), Shri Mool Chand Punia, Draftsman (PW.3), and other formal witnesses.

Further, accused Ashok Kumar (A.3) and Shakuntala (A.4) pleaded that they had been living separately from the appellant and his mother and they had no involvement so far as the demand of dowry was concerned. In defence only three witnesses i.e. Bal Kishan, an official of HSEB (DW.1), Vidya Nand, an Inspector of Food and Supplies Department (DW.2) and Surender Singh, Sarpanch of the village Gram Panchayat (DW.3) were examined only to prove that accused Ashok Kumar (A.3) and Shakuntala (A.4) were living separately from the appellant and his mother Smt. Shanti Devi.

6. After considering the entire evidence on record and the submissions made by the prosecution as well as defence, the trial court convicted the appellant and his mother Smt. Shanti Devi under Sections 498-A, 304-B and 306 IPC and awarded the sentences as referred to hereinabove. The court acquitted Ashok Kumar and Shakuntala of all the charges against them. The Trial Court did not award any separate sentence under Section 306 IPC. 4

7. Being aggrieved, the appellant and his mother Smt. Shanti Devi preferred Criminal Appeal No. 708-SB of 1998 which has been disposed of by the impugned judgment and order dated 5th May, 2004, acquitting Smt. Shanti Devi, not being beneficiary of the demand of dowry, as only scooter had been demanded but dismissed the appeal so far as the present appellant is concerned. However, considering the facts and circumstances of the case, the sentence under Section 304-B IPC has been reduced from 10 years to 7 years. Hence, this appeal.

The admitted facts of the case remain as under:

20. In view of the above, the submissions advanced on behalf of the appellant are rejected. The appeal does not have any special features warranting interference by this court. The appeal lacks merit and stands dismissed.