Ashok Kumar vs State of Haryana

V.K. Bali, J.—Appellant Ashok Kumar in Criminal Appeal No. 262-SB of 1986 and his parents, namely Kedar Nath son of Bhola Nath and Smt. Ram Sumni respondents in Criminal Appeal No, 93-DBA of 1987 filed by the State of Haryana were tried for the offences alleged against them Under Sections 306 and 498-A read with Section 34 of the Indian Penal Code. After resultant trial on the charges so framed against them whereas Kedar Nath and Smt. Ram Sumni were acquitted, Ashok Kumar was held guilty u/s 306, IPC and sentenced to undergo R.I. for seven years. He was also held guilty u/s 498-A, IPC and sentenced to undergo R.I. for three years. Both the sentences against him were, however, ordered to run concurrently. Whereas Ashok Kumar has filed appeal against his conviction and sentence in the manner indicated above, the State of Haryana has filed an appeal challenging the acquittal, of Kedar Nath and Smt. Ram Sumni. Vide this order, we, thus, propose to decide both these appeals."

Facts leading to the death of wife of Ashok Kumar who breathed her last on 15th of January, 1985 at about 2.00 p.m. and within about eight months from the date of her marriage with Ashok Kumar and at the time when she was pregnant from last about five months were unfolded by her father Goverdhan Dass Gupta when he lodged the report through an application addressed by him to the S.H.O. concerned on 18th of January. He stated therein that he had solemnised the marriage of his daughter Saroj with Ashok Kumar son of Kedar Nath Jaiswal, resident of Mohalla Damdama Sikandra Rao, District Aligarh in the month of April 1984. During these days his daughter was residing with her husband at Ballabgarh. These people kept on harassing his daughter for dowry and also subjected her to beating. He had solemnised the marriage of his daughter by giving dowry according to his capacity but even then Ashok Kumar and his parents demanded more dowry from him. A few days after the marriage, he had given a draft of Rs. 5,000/- and thereafter he had given Rs. 1500/- for cooler. Demand was then made for dressing table, T.V. and gold ornaments and he could not meet the said demands at once. He had given her a T.V. Quilt and mattress were also demanded. These were also given. The wife of his younger son had given birth to a son at his house. He had sent his elder son Shri Ram to Ballabgarh to bring Saroj on his Namkaran ceremony. Ashok Kumar, however, did not send Saroj to Mussoorie. Next day, he received an information at Mussoorie that Saroj had committed suicide by setting herself on fire. He at once went to Ballabgarh and came to know that Saroj had expired. He stated that cause of death of his daughter be investigated and necessary action be taken. On this application it appears opinion of Assistant District Attorney was sought who opined that an offence u/s 498-A of the Indian Penal Code was made out from the perusal of the complaint. This opinion it appears was given on 18th of January, 1985 and therefore, formal F.I.R. came to be recorded on 19th January, 1985. It is on that date that four copies of the F.I.R. were prepared and despatched to competent officers. At 10.00 a.m. on 21st of January, 1985, the Magistrate had received the copy of the First Information Report. The learned Sessions Judge, however, framed the charges Under Sections 498-A and 306 of the Indian Penal Code.

The prosecution with a view to bring home the offence against the accused examined PW-4 Dr. Rajan Kalra. He stated that on 16th of January, 1985 at 9.00 a.m. he had conducted the post-mortem on the dead body of Saroj wife of Ashok Kumar aged about 22 years. The death in the opinion of the doctor was due to 90% burns which were ante mortem and sufficient to cause death in the ordinary course of nature. In his cross-examination he stated that deceased was pregnant and had about five months pregnancy. Since the father of the deceased had died before the case reached the evidence stage before the trial Judge, he could, thus, be not examined. However, the prosecution examined Siri Ram Gupta P.W.3 brother of the deceased as also P.W.5 Jagdish Parshad son-in-law of the father of the deceased. Both these witnesses have broadly supported the prosecution version. Besides that P.W.3 has also proved the F.I.R. lodged by his father Ex.PC. P.W.3 Siri Ram stated that deceased was his younger sister. She was a graduate and was to, appear in the postgraduate course. She was married on April 18, 1984, with the accused Ashok Kumar. At the time of engagement ceremony which took place about a month or 1 1/2 months before the marriage, a sum of Rs. 5,000/- in cash and other items valuing Rs. 6,000/7,000/- were given by them. At the time of marriage at Darwaza ceremony, another sum of Rs. 5,000/- in cash, a ring, a chain and utensils and clothes of the value of Rs. 6,000/- were given. At the time of departure of the bride, a sum of Rs. 1,000/- in cash, eleven , sarees, ornaments weighing ten tolas of gold, an almirah, a sofa-set and other items were given. On 27th or 28th of April, 1984, his younger brother Narain went to Secundra Rao to bring back his sister after marriage. Accused Kedar Nath and his wife told, them at that time that they had given brass utensils whereas they used stainless steel utensils. They also told that the scooter, television and refrigerator had not been received so far. He told them that he would consult his father and whatever understanding of the expenses had been given to them, they had spent the amount. He, however, brought back his sister to Mussoorie. On 22nd of May, 1984, accused Ashok Kumar came to their place to bring back their sister and she was sent with him. Ashok Kumar brought her to Ballabgarh, where he resided. In or about the third week of June, 1984 he received a letter from her sister that she was being constantly tortured and harassed by her husband in the matter of bringing insufficient dowry. The marriage had been settled due to good offices of his elder sister''s husband Jagdish Parshad. On receipt of letter from Saroj, he rang up Jagdish Parshad and told him what he had come to know and requested him to intervene and about a week later Jagdish Parshad telephoned him saying that something had to be done to satisfy the mother of Ashok Kumar accused and in the meantime a draft of Rs. 5,000/- be sent to Ashok Kumar. He informed Ashok Kumar that he was reaching with the requisite draft. Before he could reach Ballabgarh, his sister, however, reached Mussorie and a draft of Rs. 5,000/- in her name was handed over to her. Saroj came back to Ballabgarh. A day or two prior to Raksha Bandhan, he had gone to Ballabgarh to take Saroj to Mussoorie and brought her there. She at that time told that she was being beaten constantly on the plea that scooter, television set and refrigerator had not been given. After some time he accompanied Saroj to Faridabad and asked Ashok Kumar accused as to why he was harassing and torturing his sister Saroj and that whatever be the deficiency the same would be made good by them. Two days prior to Karva Chauth, he received a letter from Saroj saying that father of her husband was not satisfied with the sum of Rs. 200/ - which had been given by them for the Karva Chauth festival. She also told that whatever items were to be sent by the complainant for Karva Chauth festival should be sent to Secundra Rao and not to Ballabgarh. It was because of the fact that Kedar Nath and his wife resided at Secundra Rao. Consequently, his father and he along with the requisite items valuing about Rs. 1,000/- went to Secundra Rao. Kedar Nath desired to know as to why they had not made up the deficiency of the items which were required to be given at the time of marriage. He also complained about the insufficiency of weight of the ring and the chain. They told him that they would send their own television set immediately and other items would be supplied when convenient and as soon as possible. In or about the first week of November accused Ashok Kumar and Saroj came to their house at Mussoorie. Ashok Kumar started talking about television set, scooter, refrigerator and of insufficient weight of the ring and the chain. He was told that one tola of gold would be given to him in June 1985. He was also told that he would be sent television set to Ballabgarh as soon as its licence was prepared. He was also told that a dressing table and a set of quilts and mattress would be sent very soon. He was also told that whatever deficiency was still left, he should better talk to them and not to harass and torture Saroj. In the month of December, 1984 he received another letter from Saroj that she was being beaten, abused and tortured by her husband. On receipt of the letter he and his wife Sheela reached Ballabgarh on 8th/9th of December, 1984. Ashok Kumar accused again took up the topic. He was told that the licence of the television set had not yet been prepared and that as soon it was received, it would be sent to him. He was also told that a promise had already been made to send him gold weighing one tola in June 1985. The Namkaran Sanskar ceremony of the son of his younger brother Sham Lal was to be performed and in that connection he went to Ballabgarh on 14th of January, 1985 to take Saroj with him. Saroj told him that the demand for scooter and refrigerator was still persisting. She also told him that her husband never missed beating her. She also told him that whenever she visited Secundra Rao, her father-in-law and mother-in-law continued taunting her. When he asked her to accompany him, she told him that her husband would not permit her till the deficiency in dowry was made good. He then went to the factory where Ashok Kumar was working and found him visibly annoyed. He told him clearly that so long as deficiency in dowry was not made good, he would not permit Saroj to go to Mussoorie. He accordingly left for Mussoorie on the same evening. He reached Mussoorie in the evening of 15th of January, 1985 when his neighbours M/s. Sawhney Paints informed him that they had received a telephonic message that Saroj had died. He was tired and unwell and, therefore, his father and his brother Narain immediately left for Ballabgarh. His father suffered a heart attack on coming to know about the death of Saroj: He revived and ultimately died on 26th of August, 1985. This witness then proved the F.I.R. lodged by his father and the letters Exs. PD to PG written by his sister. It may be mentioned that letter Ex.PG was received after the death of Saroj. It was received by post in the envelop Ex.PH.

Jagdish Parshad has been examined as P.W.5. He too like P.W.3 has fully supported the prosecution version. He is son-in-law of Govardhan Dass. He stated in his deposition before the Court that Saroj was married on April 19 (or 18?), 1984 with accused Ashok and that Ashok was son of a cousin of his mother. The engagement of Saroj with accused Ashok was settled through his good office and a sum of Rs. 5,100/ - was paid at the time of Sagai ceremony and another sum of Rs. 5,100/- was paid at the Darwaza ceremony. Other usual items, which are customary in the society, were also given. In or about the last week of June, 1984, his brother-in-law Sri Ram telephoned him from Mussorie to say that Saroj was beaten and harassed on account of insufficient dowry. He along with his wife came to the house of accused at Ballabgarh. Saroj at that time told him that accused Ashok Kumar gave her beating and pressed her to bring Rs. 5,000/- more because at the Darwaza ceremony the payment of Rs. 5,100/ - was insufficient and in violation of the understanding and he was also pressing for a scooter, television and a refrigerator. She also told him that whenever she visited Secundra Rao, her mother-in-law taunted her and that whenever Ashok returned from Secundra Rao, he was always in an aggressive mood and would beat her more. She also informed him that she was being taunted as the dowry was insufficient. After a shortwhile, accused Ashok also came to the house. He in the presence of his father and mother told him that chain and ring were not of good quality. His father told him that if it was known that the quality of marriage would be like this, he would have not accepted the match. He tried to console the accused but they were in aggressive mood. He, however, told them that he would take up the matter with the parents of Saroj. He then rang up Sri Ram at Mussorie and told him that if they desired the welfare of their girl, some thing should be given to satisfy the accused and that they should immediately send Rs. 5,000/ -. On the morning of January 16,1985 at about 3 or 4 a.m., his father-in-law and brother-in-law, Narain came to him and told that Saroj was dead. They desired him to accompany them to Ballabgarh. They reached at Ballabgarh and there they came to know that the dead body was in the hospital for post-mortem. They accordingly reached there. His father-in-law and he then went to the police station. The contents of Ex. PC were written by him on the instructions of his father-in-law Govardhan Dass, who signed it in his presence. P.W.6 A.S.I. Raghbir Singh stated that Report No. 21 in the daily diary of the police station was recorded at the instance of accused Ashok Kumar at 4.40 p.m. on January 15, 1985. He then proceeded to the house of accused in Mohalla Kumharwala, Ballabgarh where Saroj was found dead in a burnt condition in the toilet of the house. He prepared the inquest report, Ex.PK and sent the dead body for post-mortem. P.W.7 is Sub-Inspector Shiv Nath Singh. He stated that on receipt of application, Ex.PC of Govardhan Dass, FIR was drawn up by him on January 19, 1985. He went to the house of the accused in Mohalla Kumharwala, Ballabgarh and prepared the rough site plan. He also recorded the statements of Govardhan Dass and Jagdish on January 20, 1985. Inspector Nidhan Singh is P.W.8. He stated that in April, 1985 he was handed-over the investigation of this case and at that time he was posted as Inspector, Crimes, Gurgaon. He had verified the investigation already done in the matter. P.W.9 Inspector Prem Nath had partially investigated this case. Letters, Exs.PD to PG were produced before him by Govardhan Dass on January 23,1985 and the same were taken into possession by him. Envelope, Ex.PH was also produced before him which too was taken into possession. On January 24, 1985 accused Ashok Kumar was arrested by him.

When examined u/s 313, Cr.P.C, accused Ashok Kumar stated that when his wife joined him at Ballabgarh, she did not like the house in which he was living. She also made a grievance of there being no household effects in the house. He told her that his salary was meagre and that he would make arrangement for necessary house-hold articles by passage of time by spending overtime. He was not a permanent employee by then. He told her that in January, 1985, he would become permanent whereafter he would purchase requisite items. She, however, used to be listless. He enquired of her the reasons for her being silent. She would not tell him anything. He never harassed or tortured her. He treated her with all affection and love. When he brought her from Athala, she was unwell. He got her examined from Dr. Chauhan. She did not disclose anything to Dr. Chauhan either. Some tablets were suggested to her. He advised her to be shown at Delhi. She was to be taken to Delhi on January 17, 1985 for the purpose. She however, became very upset on the night of January 14, 1985 when he refused to send her with Sri Ram. She would not disclose her mind to him. He went to attend his duties on January 15, 1985 and he was informed there in the afternoon that his wife had burnt herself to death. He reached his house and became perplexed. Some crowd was there. He went to the police station and reported the matter and that he was innocent. The other two accused also denied the existence of incriminating material against them and pleaded innocence.

The accused, with a view to prove their innocence, examined some witnesses in defence, a brief reference of which needs a mention, D.W.I is K. L. Gupta. He stated that he started. Nursing Home at Faridabad and Ashok Kumar was his sister''s son. He attended his marriage which was very simple and no demand was made on behalf of the accused. The wife of accused Ashok came to Faridabad after the marriage for the first time in or about May, 1984. He invited the couple to his place. They, however, did not come. He invited them again and then they came. He found Saroj very frustrated. He tried to talk to her. She however, was not in a happy mood. She was irritable. He did not know the exact reason for this attitude of her but according to his thinking she was not happy with the status of the accused who was merely a clerk and was living in a miserable locality. She was M.A. She told him that she wanted to be a doctor. She then went to the kitchen with his wife. He noticed that she was behaving in an abnormal manner. She lighted the stove by holding the match stick in a fork with which a piece of cloth was lighted. On his enquiry as to why she did so, she told that she had been advised not to light the match stick directly as if she did so, she would die by lire. After sometime she become pregnant. He advised Ashok to get her examined but she never turned up. Whenever they visited the accused at their house, she never talked to them. On January 12, 1985 Ashok informed him that Saroj was unwell. He examined her and found her physically fit. However, she talked irrelevant. He advised Ashok to get her examined in the All India Medical Institute, New Delhi. Ashok had told him that he got his wife examined in Ballabgarh on January 11, 1985. On January 14, 1985 he was informed by Ashok that the condition of his wife had worsened. He went to his house at about 5 p.m. The brother-in-law of Ashok was introduced to him there. He had come from Mussoorie to take his sister with him for some function. He advised the admission of Saroj urgently in the All India Institute of Medical Sciences before being taken anywhere else. The suggestion was accepted by all and brother-in-law of Ashok immediately left. No other talk took place in his presence. Dev Dutt Kapoor was examined as D.W.2. He only proved telegram Ex.DC which was despatched from the post office on January 15,1985. D.W.3 is Ram Parshad Sharma, a Clerk from the Estate Office, Faridabad. He stated that on November 16, 1984 a sum of Rs. 1,789/- was deposited in the name of one Saroj Gupta wife of Ashok Kumar of Faridabad with an application for allotment of a plot. The amount was, however, deposited by Ashok Gupta with another application made on the same date for the same purpose and that allotment had not been made as yet. Shri P. C. Aggarwal, Senior Divisional Manager Personnel, Escorts Ltd., was examined as D. W.4. He stated that accused Ashok Kumar had been and is still an Assistant in the Unit. In July, 1984 he received a total amount of Rs. 1288/- including overtime wages to the extent of Rs. 686/-. This witness had been examined to depose about the income of Ashok Kumar in various months in the year 1984. Dr. V.S. Chauhan, Medical Officer, General Hospital, Ballabgarh was examined -as D.W.5. He stated that on January 11,1985 he had examined Saroj Gupta wife of Ashok Kumar Gupta of Ballabgarh and issued outdoor ticket Ex.DB. The patient was complaining of amenorrhea of 4''/2 months. She also made some vague complaints and he found her talking irrelevant. In the opinion of this witness, she was either pretending or she had some psychiatric problem. He advised her to get herself examined from the Senior Resident, Medicines, Gynae and Psychiatric. Since the concerned doctor was not available that day, he referred her to the All India Institute of Medical Sciences, New Delhi. Dr. V. S. Rastogi, Senior Psychiatrist from Safdarjang Hospital, New Delhi was examined as D.W.6. He stated that on perusal of Ex.DB he was of the opinion that the patient was unhappy and had some depression for the reason which was not possible to be specified. This doctor did not examine the patient himself. Dr. G. C. Munjhal, Professor, Department of Psychiatry, G. B. Pant Hospital, Delhi, was examined as (D.W.7). He too after perusing Ex.DB was of the opinion that the patient had vague complaints and was talking about past in present and was talking irrelevant and this could be a manifestation of physical or psychological illness. There could also be possibility of psychological breakdown, This doctor had also not himself examined Saroj.

Before the matter is discussed in view of the submissions made by learned counsel for the parties, it would be useful at this stage to examine the documentary evidence which both the parties have brought on records of the case. It may be recalled that marriage between accused Ashok Kumar and Saroj was solemnised on April 19 (or 18?), 1984 and that Saroj breathed her last on January 15, 1985. In this span of about nine months the prosecution has been able to produce four letters written by Saroj to her parents or brother and the same have been proved as Ex. PD to Ex.PG, which are dated 6-10-1984, 23-11-1984, 7-12-1984 and 15-1-1985 respectively. The letter dated 15-1-1985, which too as mentioned above, has been proved with its envelope in which it was contained, as Ex.PH, was the last one, obviously written on the date when Saroj died by setting herself ablaze. The defence did not produce any letter during the currency of the trial. Necessity was perhaps '' felt to bring on records the letters written by Saroj at the time when the appeal against judgment, of conviction was preferred by Ashok accused in this Court. An application for additional evidence so moved was allowed on Sept. 16, 1992 and for doing that exercise, the matter was remitted to the learned Sessions Judge, Faridabad. Letters produced by the defence are Ex. Dl to Ex.D4. The same are dated 15-12-1984,4-5-1984,14-5-1984 and 12-5-1984 respectively. The last three letters have been written within ten days, letter, Ex.D1 was written about a month prior to when Saroj died. It would, thus, be apparent from the perusal of all the letters either produced by the prosecution or defence that the letters produced by the defence are immediately after the marriage i.e. within a month or so but for letter Ex.D1 whereas the letters produced by the prosecution are of later period and happened to be written four months prior to death of Saroj. In letter Ex. PD dated Oct. 6,1984, all that is mentioned is that father-in-law of Saroj Bala was wanting to return Rs. 200/ - as he was not accepting the same on the ground that the parents of the girl should have come themselves to celebrate the festivals of the first year ensuiaing the mange and that too with articles and not cash. It may be recalled that this amount of Rs. 200/- was sent by the parents of Saroj to her father-in-law on her first Karva Chauth. In the same very letter, Saroj addressed a separate message for Babli and therein, in the last portion she had also mentioned that a TV should be brought. Letter dated Nov. 23, 1984, Ex.PE was addresed to Babli. It may be recalled that Babli is younger and the only unmarried sister of the deceased. In the letter aforesaid Saroj had mentioned that money had been given to purchase a cooler but she was also earlier told that money shall be given to buy a quilt as also to purchase a dressing table. Even though she had come back from "Mussoorie but these things had not been given and for that reason she was being taunted day and night. It has been mentioned that as long as she could tolerate, she would bear and when it would become intolerable, then she would see as to what can be done. In letter, Ex. PF, dated Dec. 7, 1984, which again has been addressed to Babli, Saroj had requested for sending a sweater and double shaded shawl, although she has mentioned that she would send the money for the same. It is also mentioned that the TV may not be sent as demand was for money only. It is also mentioned that a day would come when winds would flow in her favour also and that an encaged bird also gets freedom one day when it can fly in any direction. It is also mentioned that she could not express how'' she was passing her days and she was pulling on against all odds and that had there been a single girl in this family, she would not have been so miserable. She was being rebuked by everybody. She had also mentioned that Bhabhi''s letter had induced courage to live. While writing to her, Saroj further mentioned that she had realised as to how women muster courage to commit suicide when they cannot bear the sight of a dead rat. Ex.PG, as mentioned above, is the last letter written on the day when Saroj committed suicide. It has been written by her to her parents, to whom she used to address as Bhabhi Ji and Lala Ji. This letter needs to be reproduced in extenso. The same reads thus:

"Respected Bhabi Ji and Lala Ji,

Last Namaste.

It is to inform you that my life is going to end. Now my body cannot endure any more. I feel so shattered that I am craving for eternal peace. For this day you have brought me up, educated me and married me so that 1 might finish my life. What to talk of a slap, you never scolded me in my life. Did you pamper me so that I might daily get beatings here. Never mind, Today I am laying down my life at the altar of dowry. Now my desire for life has ended. My husband had married me against the wishes of his family members and now he is being influenced by his mother from the very beginning. According to her dowry is no doubt insufficient, from the very beginning she had been trying to belittle me in the eyes of my husband. Whenever he visits her for one single day, she poisons his mind against me. On last visit to Secundra Rao after Diwali, I am much perturbed. I am also educated and can earn on equal footing, perhaps due to this reason, my husband always try to crush my sentiments. This is my last letter and as such I am giving full expression to my woes. I have been beaten many times but I cannot bear today''s beating. I am also a human being. Yesterday, brother came here empty handed on the occasion of Saukrant. He (my husband) saw the items gifted on the occasion of Saukrant in the house of some factory workers. He came home and taunted me. 1 quietly heard it and did not retaliate. But now 1 prefer death to live a life of disgrace. I could also seek divorce but then it will all be more disgraceful. Therefore, I have chosen illegible path. 1 hope to get respect and love but here I have longed for it. Now I can no more bear this hell of a life and cannot wait for death to come tomorrow. Today I am going to fulfil my determination to die. I had changed on 10th Dec. Perhaps these wretched people might not inform you about my death, therefore, I am writing this letter. There is no use in dying quietly without telling anybody because then I will not get salvation...in the next life also I shall have to bear this, today after being battered so much, I cannot even move out of the house. Elder Bhabhi knows that 1 have five months pregnancy. Kerosene oil is my last resort. All of them have connived with one another to harass me. You must take revenge from them for my death. You should fully make up the deficiency of dowry. There is acute pain in my body and I am feeling giddy. Now 1 can write no more. Love to Munna. I would not even see him. This letter of mine may not cause interruption in the ceremonies. But not even a single moment is left with me. Regards to eldest, middle and youngest Bhabhi and Namaste to Bhai Sahib and both the brothers, with love to Geeta, Pusy and Babloo...."

Letter, Ex. Dl which is addressed to Ashok Kumar recites that Saroj would come back to her husband when her exams, are over and that without him she was passing the days with great difficulty. She had also mentioned in the letter that her husband might think about her in any way but she had not said even a single word to his brother and Bhabhi and as such she had no fear from any one and that she loved him as she used to do earlier. Letter, Ex.D2, dated May 4, 1984 divulges only routine talks as also that she was unable to study in the absence of her husband, who was always in her heart. The letter discloses that she was missing her husband. Ex. D3 is letter dated May 14, 1984 and, of course, has once again been addressed to the husband. The same also discloses love of Saroj with her husband. Ex. D4 letter dated May 12, 1984 addressed to the husband again shows cordial relations between the husband and wife.

From the evidence that has been discussed above in sufficient details, Mr. Cheema, learned counsel appearing for the appellant Ashok Kumar contends that insofar as the oral evidence is concerned, the same is wholly unreliable and, therefore, the defence is left only to explain the letters, Exs.PD to PG. These letters also stand explained as Saroj, who came from a family which was upper middle class and was inducted into a family which was of far lower status, used to remain silent. She would not speak to anyone but had bouts of depression and it is for that reason only that she had to be shown to the doctors who clearly opined that her mental faculties were not in order. On January 17, 1985 she had to be taken to All India Medical Institute, Delhi, for further investigation and when she was not permitted to accompany her brother, who had come to take her to Mussoorie for attending a function, the lady, being totally frustrated, committed suicide. The reason as to why Saroj ended her life, thus, cannot be attributed to the demand of dowry, contends the learned counsel. For disbelieving the oral evidence, all that is suggested is that the earlier version of the father, who lodged the FIR as also the brother and brother-in-law, whose statements were recorded u/s 161 of the Code of Criminal Procedure, contained no details with regard to demand of dowry or in any case the demand was stated to be only of few items. The same were, however, increased and magnified when the brother and brother-in-law of the deceased came to the witness box. This, thus, being a case of manifold improvements from the earlier version of these people, the witnesses were unreliable and their testimony could not be taken as gospel truth.

Mr. Varinder Singh, learned Deputy Advocate General, Haryana, however, contends to the contrary and has endeavoured that we should uphold the judgment of conviction recorded by the learned Sessions Judge as the finding of conviction against Ashok Kumar came to be recorded after discussing the entire evidence.

We have heard learned counsel for the parties and with their assistance have gone through the records of the case. We do not find any substance whatsoever in the contentions of learned counsel for the defence, noted above. PW-3 Sri Ram and PW-5 Jagdish Parshad have given consistent account of the events leading to death of Saroj. It may be recalled that Jagdish Parshad is the person with whose good office the marriage between Saroj and Ashok Kumar was brought about. Even though related to the deceased, he was also related to the accused. Both these witnesses have adequately stood the test of cross-examination and their evidence inspires confidence and is also supported by documentary evidence. The mere fact that they gave a complete chain of events when they appeared in the Court, which details were not supplied at the time of registration of the case, would not be enough to detract from their sworn testimony in the Court. It is not a case where they might have made improvements on material issues, non-mention whereof at the initial stage might have detracted from the prosecution version and it is for that very precise reason that there have been no contradictions with which they might have been confronted in their earlier statements. As mentioned earlier, they have only given more details and specified the time and place of all events concerning torture meted out to Saroj or demand of dowry. They, thus, cannot be faulted on any count least the one pressed into service by the defence. The first contention of learned defence counsel is, thus, repelled.

Coming now to the explanation given to the contents of letters, Exs.PD to PG, after considering the defence version, we are convinced that a crude attempt has been made to show that Saroj had committed suicide on account of bouts of depression that she was inflicted with. In fact, we are quite convinced that evidence on that count has simply been forged. DW-1 K.L. Gupta is a Medical Practitioner and runs a Nursing Home at Faridabad. He happens to be material uncle of accused Ashok Kumar. He has deposed about the abnormal behaviour of Saroj in lighting the stove by holding the match stick-in a fork which had a lighted piece of cloth but he did not talk to anyone with regard to abnormal behaviour of Saroj. He even did not bring to the notice of Ashok Kumar this behaviour of Saroj and the reason given by him for the same was that they were newly married. Although, no time has been given by this witness as to when he had invited the couple but from his cross-examination it is clear that he had invited them in the close vicinity of their marriage and, therefore, there would have been at least 6-7 months, if not more, from the time when he noticed the abnormal behaviour of Saroj and when she died. It is rather strange that during all this while he did not talk to anyone that behaviour of Saroj was abnormal which is totally against natural human conduct and it is apparent that this witness has been brought to stand in the witness box simply with a view to prop up the defence version. As mentioned above, DW-1 is a maternal uncle of Ashok Kumar accused and, therefore, has every reason to make every endeavour to save his nephew from going to jail. No reliance can, thus, be placed on his statement. DW-5, Dr. V.S. Chauhan, Medical Officer, General Hospital, Ballabgarh, it may be recalled, was examined to prove Ex.DB which is an outdoor ticket and came to be recorded when on January 11, 1985 at 3.30 p.m. the witness had examined Saroj Gupta. As per his version, the patient was complaining of amenorrhea of 4''/2 months and she had also made some vague complaints and he also found her talking irrelevant. The witness also stated that he had advised Saroj that she should get herself examined from the Senior Resident, Medicines, Gynae and Psychiatric and as the doctor was not available, she was referred to AH India Institute of Medical Sciences, New Delhi. In his cross-examination, he stated that the hospital working hours were from 8 a.m. to 11.30 a.m. As mentioned above, he had examined the patient at 3.30 p.m. He also stated that he did not remember as to at what time he was on duty in OPD on January 11, 1985. He had brotight the register of emergency and the register in question, as per his own admission, did not bear any page marking. Entry No. 206 was at the bottom of the relevant page in the register and entry on the next page again was bearing No. 206 which had been scored off. The entries bearing Nos. 201 to 205 starting from 2 p.m. to 3 p.m. on January 11, 1985 the witness admitted, were not in his handwriting but were in the handwriting of some other doctor, and the entries following entry No. 206 were also not in his handwriting. He was suggested that he was a false witness as he had never examined Saroj. From the very reading of the cross-examination of this witness, we are quite convinced that he had made a wrong record of examining Saroj. He is in fact guilty of deliberately making a false statement in the Court and fabricating evidence. It appears to us that he did so, in all probability, on the influence exerted upon him by maternal uncle of accused Ashok Kumar, who too, as referred to above, is a doctor. Insofar as D W-6 and DW-7 are concerned, they only had given opinion on the basis of outdoor ticket, Ex.DB prepared by DW-5.

DW-2 Dev Dutt Sharma, as mentioned above, has only proved telegram Ex.DC, dated January 15, 1985. Vide this telegram, Ashok Kumar had informed the parents of Saroj that she had died. DW-3, as mentioned above, is a Clerk from the Estate Office, Faridabad, who stated that a plot was applied in the name of Saroj when a sum of Rs. 1789/- was deposited in her name. From this telegram and the deposit made in the name of Saroj, the defence wishes us to return a finding that conduct of Ashok Kumar had been above board as he himself immediately informed the parents of his wife that she had . died and that it is he who had passed on the information to the police at the first instance about her death as also that if money was deposited in the name of Saroj for purchase of a plot, there was no question of demand of dowry in this case. We are not at all impressed and are of the view that on this evidence no favourable finding can be returned. While depositing the amount in her name when Saroj was alive, the husband Ashok Kumar was not losing anything. If the plot was to be purchased in the name of his wife, it would not mean that he was giving anything to his wife. Perhaps it could mean more trouble to her. He could have demanded money for the construction of the house on the plot from her parents. So, Ashok Kumar cannot derive any advantage by this circumstance. Informing the parents about the death of his wife as also the police can be because of reaction after the incident to show his conduct simply with a view to create favourable evidence.

Even though, this case has been fully established against Ashok Kumar on the basis of oral evidence coming forth from the testimony of brother and brother-in-law of the deceased but in this case, added to that, there are letters Exs.PD to PG which clinch the issue in favour of the prosecution and against accused Ashok Kumar. They provide an intrinsic evidence of demand of dowry and torture meted out to Saroj. One letter i.e. Ex.PG was written on the date when Saroj committed suicide. This letter was, however, received by the parents of the girl after her demise. The same has been reproduced in extenso in the earlier part of the judgment. Unmistakably it involve the husband in torturing, tormenting and beating her on account of demand of dowry. This letter, in fact, borders on being a dying declaration and the contents of the same are not only supported by earlier letters written by Saroj but also by oral evidence. The prosecution, in our view, has thus established complicity of accused Ashok Kumar in harassing his wife and abetting her to commit suicide. He has rightly been held guilty under Sections 498-A and 306 of the Indian Penal Code.

The last contention of the learned defence counsel, based upon the judgment of the Supreme Court in Brij Lal Vs. Prem Chand and Another, , as also on later development i.e. the accused marrying again and having a daughter from the second wedlock, is on the quantum of sentence. It is being further argued that a period of over 11 years has gone by when appellant Ashok Kumar was convicted and he has been on bail all through. It would be too harsh to send him to jail at this stage when he has to fend for his second wife and a female child. It. is, thus, the contention of learned counsel that the sentence of the appellant may be reduced to that which has already been undergone by him during the pendency of the trial which is stated to be about ten months. The facts of Brij Lal Vs. Prem Chand and Another, reveal that the High Court had acquitted the accused in the said case and by the time the matter came up before the Apex Court, a period of eleven years had gone by. It was this circumstance which was primarily taken into consideration in reducing the sentence to the one already undergone. The facts detailed herein, leading to unfortunate death of a young married woman, who had not seen even a year of her married life and who was pregnant from about four months, do not guide us to reduce the sentence imposed upon the appellant to the one already undergone, This young woman Saroj far from seeing blissful days, a natural expectation of every married woman, had throughout been tortured, tormented, inflicted abuses and physically beaten. She had to lay down her life at the altar of dowry, a menace, which is inflicting the society. On his own, Ashok Kumar deserves no leniency from this Court. However, the facts that this man has married once again and has a small female child, who, without any fault, are bound to suffer a tremendous loss for conviction of the appellant Ashok Kumar for a long time, do compel us to reduce the sentence to some extent, not for any leniency that we might have for the appellant but for the sole reason that innocent second wife and the child may not suffer the agony and be deprived of the basic facilities which, perhaps, only appellant Ashok Kumar can provide to them. We, thus, while maintaining the sentence awarded to the appellant u/s 498-A, IPC, reduce the one given to him u/s 306, IPC to four years. The appeal filed by Ashok Kumar is, thus, allowed to the limited extent, mentioned above.

Coming now the appeal of the State, learned Deputy Advocate General, Haryana, very fairly and rightly states that insofar as Kedar Nath is concerned, there is practically no evidence against, him that might show that he too was taunting Saroj to bring more dowry. The only allegation against him was that he wanted to return Rs. 200/- that were given to him at the time of first Karva Chauth of Saroj and in fact he wanted to have some items in lieu thereof. That is too insufficient to rope him in. That apart, he has died as per information given to us by learned counsel appearing for him supported by a death certificate. The appeal against him, thus, abates. Insofar as mother-in-law is concerned, it is clear from letters, Exs.PD to PG that no direct allegation was made against her. All that was said against her was that she used to advise or force her son to carry on pressurising his wife or her parents to fulfil the demands. She had actually herself never directly demanded anything either from her daughter-in-law or from her (daughter-in-law''s) parents. Mr. Varinder Singh, learned DAG, Haryana, faintly contends that even this would be enough to cover the case of mother-in-law under Sections 498-A/306, IPC but after reading the bare language of these two sections, he had practically to concede that unless demand was made by relations of the husband, Section 498-A would not be attracted. That apart, concededly, the parents of Ashok Kumar were living at Secundra Rao, far away from the married couple. There is no evidence so show that they might have come to Ballabgarh where their son was residing or that the couple might have gone to Secundra Rao, where they might have made a demand of dowry. PW-5 Jagdish Prasad has, however, said that at one stage when the husband was making a demand of dowry, the parents were also present but that, to us, appears to be an improvement because that, was never stated by him before the police in his statement u/s 161, Cr.P.C, The learned Sessions Judge, in our view, rightly gave benefit of doubt to these accused. We, thus, find no substance in the appeal preferred by the State and consequently dismiss the same.