Bachni Devi & Anr vs State Of Haryana Th. Secy. Home Dep

The mother (A-1) and son (A-2) are in appeal as both of them have been convicted by the Additional Sessions Judge (I), Kurukshetra for the offence punishable under Section 304B of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment of seven years. The High Court of Punjab and Haryana affirmed their conviction and sentence and did not interfere with the judgment of the trial court.

2. Kanta died within 3 months of her marriage. On August 11, 1990, she was found dead by hanging from a ceiling fan in the appellants' house. Kanta hailed from a poor family. Her father, Pale Ram (PW-8) is a Rikshawpuller. A-2 and Kanta got married on May 12, 1990. About 20 days prior to Kanta's death, A-1 had gone to the house of PW-8 and told him that her son A-2 wanted to start milk vending business and for that a motorcycle is needed for carrying the milk to the city. She demanded a motorcycle for A-2 to be purchased by PW-8. PW-8 did not accede to her demand and told A-1 that he was not in a position to purchase motorcycle as demanded by her. A-1 warned PW-8 that if he failed to provide a motorcycle to A- 2, then Kanta would not be allowed to stay in the matrimonial home. PW-8 called Amar Singh (PW-10) and Mam Chand (DW-

3. This was the beginning of Kanta's end. A-1 and A- 2 started harassing and ill-treating her. Some five days prior to Rakshabandhan, A-2 brought Kanta to the house of PW-8. A-2 left Kanta there and returned to his house the same day. Kanta told PW-8 about harassment and ill-treatment being meted out to her by A-1 and A-2. Three days thereafter, A-2 went to the house of PW-8 and told him that he had come to take Kanta with him as there was engagement ceremony of his brother. A-2 assured PW-8 that he would bring Kanta on the day of Rakshabandhan. Kanta, however, was reluctant in going with A-2 as she knew that there was no engagement ceremony at her in-laws place. She had apprehension that if she went to her matrimonial home, her life would not be spared. PW-8 persuaded his daughter to go along with A-2 as she has to spend her entire life with him.

4. On the insistence of her father, Kanta went to her matrimonial home along with A-2. On the day of Rakshabandhan, PW-8 and the members of the family waited for Kanta for whole day but she did not come. After about eight days i.e. on August 12, 1990, PW-8 was informed by some 3 villager that Kanta was dead. PW-8 then went to the house of A-1 and A-2 along with few persons and saw the dead body of Kanta lying in a room. It appeared to PW-8 that Kanta's death had occurred some 2/3 days earlier.

7. The trial court vide its judgment dated March 6, 1991 held that the prosecution has been able to establish that the death of Kanta was within seven years of her marriage and otherwise than under normal circumstances; that before her death she was subjected to cruelty and harassment by A-1 and A-2 in connection with the demand of motorcycle and that A-1 and A-2 were guilty of causing dowry death. A-1 and A-2 were convicted under Section 304-B IPC accordingly and sentenced to suffer seven years' rigorous imprisonment as noticed above. The High Court in the appeal preferred by the appellants concurred with trial court and dismissed their appeal.

20. For the foregoing reasons, we find no merit in the appeal and it is dismissed accordingly. Two months' time is given to A-1 to surrender for undergoing the sentence awarded to her.

(R.M. Lodha) NEW DELHI, FEBRUARY 8, 2011.