Dinesh vs State Of Haryana

2. The prosecution version in a nutshell is that marriage of Manju Bala was solemnized with Dinesh, appellant-accused about four years before her death. Dowry in accordance with their financial capacity was given by her parents at the time of marriage. However, appellant and his two brothers, namely Vinod Kumar and Rakesh, were not satisfied with the dowry and started harassing her for not bringing dowry to their satisfaction. Although, mediators also requested accused persons not to harass the deceased Manju Bala, their requests fell flat. It has also been alleged that the accused persons, appellant and his two brothers, did not permit the parents of Manju Bala to meet her for the past several months prior to the death.

3. Manju Bala was carrying a pregnancy of about eight months when accused Vinod went to the house of her parents on the fateful day i.e. on 7.6.1994 and informed them that Manju Bala was seriously ill. When Manju Bala’s father Ram Naresh and brother Raman were going to the house of accused persons for seeing her, they noticed accused Dinesh and his mother carrying Manju Bala in a tractor to Civil Hospital Fatehabad. Driver of the tractor ignored their signal to stop tractor. On arriving at Civil Hospital, they learnt that Manju Bala had died before reaching the Hospital. Munni Bai – mother of the deceased suspected that her daughter was murdered by her husband Dinesh and his brothers, namely Vinod and Rakesh, for not satisfying their demand for dowry. On her statement, FIR No.441 dated 8.6.1994 under section 498-A and 304-B, Indian Penal Code (in short ‘IPC’) was registered in the Police Station, Fatehabad and all the three accused were arrested. On finding a prima facie case under aforesaid sections, the accused persons were charge sheeted.

19. Considering the evidence referred to hereinbefore and the conduct of the accused persons, there cannot be any difficulty in holding that the deceased died because of cruelty, harassment and demand for dowry. We are also of the considered opinion that there is a proximate connection between cruelty, harassment and death of the deceased as discussed above. There are sufficient materials showing that the accused persons started demanding television and gold chain etc. after the marriage and that their demand continued and the parents were not allowed to meet their daughter unless their demands were fulfilled.

21. In our considered opinion, therefore, the judgment of conviction passed by the courts below needs no interference by this Court. Hence, there is no merit in this appeal and is accordingly dismissed. The appellant shall be taken into custody forthwith to serve the remaining sentence.

[HEARD BY : HON'BLE DIPAK MISRA AND HON'BLE M.Y.EQBAL, JJ.] Date:25/04/2014 This Appeal was called on for Judgment today.

For Appellant(s) Mr. Rishi Malhotra,Adv.

For Respondent(s) Mr.Kamal Mohan Gupta,Adv.(Not Present) Hon'ble Mr. Justice M.Y.Eqbal pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Dipak Misra and His Lordship.

For the reasons recorded in the Reportable judgment, which is placed on the file, the appeal is dismissed.

The appellant shall be taken into custody forthwith to serve the remaining sentence.