Manoj & Ors vs State Of Haryana

2. The prosecution case, in brief, is that on 14.4.2005 on receipt of a telephonic message from the Incharge, Police Post, General Hospital, Bhiwani regarding admission of Meena Devi wife of Manoj Kumar (appellant no.1) resident of Village Hetampura in burnt condition, ASI Chattarmal (PW-

11) of P.S. Sadar,Bhiwani along with other police officials reached the said hospital and collected medical ruqa (memo) alongwith medico-legal report of injured Meena. After obtaining the opinion of the Doctor regarding fitness of the injured to make statement when he brought the Duty Magistrate to record her statement in the hospital, the Doctor had already referred her to PGIMS Rohtak. Thereafter, he alongwith Magistrate reached PGIMS, Rohtak and collected two medical ruqas from Incharge, Police Post, PGIMS Rohtak out of which one was regarding death of Meena. Then he reached in the gallery of emergency ward where complainant Vedpal (PW-9) met him and got recorded his statement (Ex.PA). It is alleged by the complainant- Vedpal (PW-9) that he had one daughter and two sons. His daughter was married with Manoj (appellant no.1) son of Mahabir about five years earlier (the actual date of marriage found to be 6.05.2000) to the incident that had occurred on 14.04.2005. He further stated that in the marriage of his daughter, he had given dowry beyond his financial capacity. However, his daughter on her return from her matrimonial home for the first time told him that her in-laws were not satisfied with the dowry articles that were given in marriage. The complainant had given double bed, T.V., fridge, cooler, sofa set, almirah, 21 utensils and clothes etc., besides, Rs.2100/- in cash. When the daughter of the complainant (PW-9) went to her matrimonial home for the second time, his son-in-law Manoj (appellant no.1), the mother-in-law of his daughter namely Chameli Devi (appellant no.2), the father-in-law namely Mahabir (since acquitted) and Jethani (husband's elder brother's wife) of his daughter namely Suman (appellant no.3) raised a demand for a motor cycle and started torturing her (beating) for this. Therefore, Meena Devi (deceased) started living with him (complainant). She stayed with her father (complainant) for fourteen months. About ten months earlier from the date of incident that occurred on 14.04.2005, the complainant (PW-9) made his daughter understand and sent her back in the presence of panchayat of Hetampura and Sant Mann Singh s/o Chandu Ram r/o Hissar. However, even then the accused were demanding a motor cycle and kept troubling his daughter for dowry. On 14.04.2005, at about 8.00 a.m, Mahabir informed him on telephone from the Hospital at Bhiwani that Meena Devi (deceased) had been admitted in the Government Hospital, Bhiwani with burn injuries. On receiving this information, the complainant (PW-9) and Dayanand s/o Jogi Ram and his brother Shamsher reached the Hospital at Bhiwani. There they came to know that Meena Devi (deceased) had been referred to PGIMS, Rohtak. Then they all reached PGIMS, Rohtak where he met his daughter in the emergency ward of PGIMS, Rohtak. His daughter told him that in the morning on that day, her mother-in-law namely Chameli Devi (appellant no.2) had called her in the room and her husband Manoj (appellant no.1) poured kerosene oil on her and her husband's elder brother's wife (Jethani) namely Suman (appellant no.3) lit a matchstick and set her on fire on account of which she got burnt. After sometime Meena Devi (deceased) while she was under treatment breathed her last. It it alleged by the complainant (PW-9) that on account of greed of dowry, his daughter Meena Devi (deceased) had been set on fire by pouring kerosene oil on her by her husband Manoj (appellant no.1), mother-in-law Chameli Devi (appellant no.2) and husband's elder brother's wife (Jethani) Suman (appellant no.3) after colluding with each other. He further requested for action being taken against the accused.

3. On the basis of such complaint FIR No.103 dated 14.4.2005 under Sections 304-B/498-A/406/34 IPC was registered. Subsequently, on the basis of above allegations, all the four accused were charged under Section 304-B in alternative under Sections 302, 498-A and 406 r/w Section 34 of the IPC to which they pleaded not guilty and claimed trial.

5. The Sessions Judge, Bhiwani by judgment dated 4.09.2006 acquitted Mahabir father-in-law of the deceased and held the appellants guilty for the offence under Sections 498-A and 304-B of the IPC. The Sessions Judge further held that the prosecution has miserably failed to prove its case against all the four accused for the offence under Sections 302 and 406 r/w Section 34 IPC and, hence, all the four accused were acquitted for the said offence.

6. An appeal was preferred by the appellants against the judgment passed by the Sessions Judge, Bhiwani and another appeal was preferred by the complainant-Ved Pal (PW-9) against acquittal of Mahabir. By impugned judgment dated 15.02.2012 the Division Bench of the High Court of Punjab and Haryana at Chandigarh dismissed the appeal preferred by Ved Pal- complainant(PW-9). The judgment passed by the Sessions Judge was affirmed with the modification in the sentence of imprisonment, the appeal preferred by the appellants was also dismissed.

17. Admittedly, the death of Meena Devi (deceased) is caused by burns i.e. otherwise than under normal circumstances within seven years of her marriage. The complainant (PW-9) father of the deceased has stated that at the time of marriage he had given double bed, sofa set, T.V., cooler and other domestic articles, besides, gold ornaments of 4 tolas, 21 utensils and Rs.2100/- in cash. However, his daughter told him that her in-laws were not satisfied with those articles. When his daughter visited her matrimonial home for the second time, all the accused started taunting her and harassing her raising demand for a motor cycle. She was turned out of her matrimonial home after giving beatings. Thereafter, she started living with him (PW-9) and stayed with him for 14 months. Then he convened a panchayat consisting of Sant Man Singh, Krishan of Hetampura and others i.e. his brother Satyawan and his brotherhood from village Khera. In that panchayat, the accused assured not to harass Meena in future and then accused Mahabir and Chameli came to take her away and she was accordingly sent to her matrimonial house about 10 months prior to her death. After four days, they again started harassing her by demanding motor cycle and continued beating her. His brother Satpal (PW-10) has also corroborated his deposition. No mitigating circumstances are found on record to disbelieve their statements.

18. In view of such evidence on record both the courts have come to definite conclusion that soon before her death she was subjected to cruelty and harassment by her husband and his relatives in connection with demand for dowry. Therefore all the ingredients are present to convict the appellants under Section 304-B of the IPC. The prosecution proved beyond reasonable doubts that the appellants are guilty for the offence under Section 498-A of the IPC.

22. In the present case, we have noticed that after appreciation of evidence, learned Sessions Judge by judgment dated 4.9.2006 specifically held that the prosecution has miserably failed to prove its case against all the four accused for the offence under Sections 302 and 406 r/w Section 34 IPC and, hence, all the four accused were acquitted under the said offence. Against the acquittal of Mahabir Singh the complainant (PW-9) filed an appeal which has been dismissed by the impugned judgment. No appeal has been preferred by the complainant or the State against the acquittal of all the accused for the offences under Section 302 and 406 r/w Section 34 IPC. The finding of Sessions Judge having reached finality, the question of altering the present sentence under Section 304-B to Section 302 does not arise.

23. Lastly, it was submitted on behalf of the appellants to consider reducing the sentence awarded to the appellants from 10 years to 7 years which is the minimum sentence prescribed under Section 304-B IPC considering the facts and circumstances of the case. In the present case we find that the appellants were sentenced for life for the offence under Section 304-B IPC by the trial Court and the High Court already considered the facts and circumstances of the case and reduced the sentence from life imprisonment to 10 years.

24. We find no other circumstances to reduce it to minimum sentence of seven years. In absence of merit, the appeal is dismissed.

25. Bail bonds of the appellant nos. 2 and 3 are cancelled. Appellant nos. 2 and 3 are directed to be taken into custody to serve out remainder of the sentence.