Vakil Chand and Others vs State of Haryana

Harbans Singh Rai, J.—Vakil Chand, Vijay Kumar and Kaushalya Devi were tried and convicted under Sections 304B and 498A IPC by Additional Sessions Judge Hisar vide his order dated November 15, 1988 and were sentenced to undergo imprisonment for life u/s 304B IPC and to undergo rigorous imprisonment for two years u/s 498A IPC. The sentences on both the counts were, however, ordered to run concurrently.

Feeling aggrieved, they have filed this appeal.

Prosecution case, in brief, is that on July 6, 1987 Hans Raj lodged report Ex. PE in Police Station Rattia stating therein that he is a resident of village Sri Karanpur in Rajasthan. He had four sons and five daughters. Veena Devi was his eldest child. She was aged about 22/23 years. Her marriage was settled with Vijay Kumar accused on May 1, 1987. Jagan Nath son of Duli Chand was the mediator. At the time of engagement ceremony, said Jagan Nath and Gurcharan Singh were present. On that occasion, besides Rs. 1,100/- in cash, the customary fruits and sweets were given to Vijay Kumar accused. The "Shagan" ceremony took place on June 18, 1987 in village Rattia when besides Rs. 2100/- customary sweets, fruits and Kelvinator Refrigerator were also given. Jagan Nath and Gurcharan Singh were present at that time. All the accused were not happy and they insisted that they would solemnise the marriage only if a television was also given to them. He purchased Dyanora Television from Rattia and gave it in the "Shagan".

On June 20, 1987 the marriage party went to Sri Karanpur. The marriage party was treated nicely. House-hold articles and ornaments were given. However, bridegroom and the other members of his family were not happy with the dowry. They told that the "Doli" would be taken only if a scooter was given otherwise they would not take the bride to Rattia. At that time, Babu Ram, Jagan Nath son of Rikhi Ram and Jagan Nath son of Duli Chand and other relations were present. They talked to accused Vakil Chand and Vijay Kumar and told them that they were not in a position to give the scooter and that it would be given after arranging the money. Accused Vakil Chand and Vijay Kumar accepted this and brought the "Doli".

On June 23, 1987 Veena Devi and her husband Vijay Kumar went to Sri Karanpur on the customary visit. At that lime Tarsem Lal and Krishana Devi were present in the house. Immediately on entering the house, Veena Devi started weeping and told that her husband Vijay Kumar, her father-in-law Vakil Chand and her mother-in-law Kaushalya Devi were taunting her for not having brought the scooter in the marriage and that while she was leaving her matrimonial home for Sri Karanpur, her mother-in-law Kaushalya Devi asked her to tell her father to give scooter or in the alternative its price. On June 24, 1987, Veena Devi and accused Vijay Kumar were leaving Sri Karanpur for Rattia. At that time, Hans Raj told Vijay Kumar accused that the scooter or its price would be sent to Rattia soon.

On the night intervening 5/6-7-1987, at about mid night, Gurcharan Singh came to Sri Karanpur and told Hans Raj that on July 5, 1987, he had gone to Rattia and had met Veena Devi at about 10-00 A.M. and that Veena Devi told him that the accused Were harassing, torturing and taunting her for not having brought the scooter. He pacified Veena Devi and told her that they would give the scooter at the earliest. Gurcharan Singh then came to Fatehabad and at about 6-00 P.M. he received information about the death of Veena Devi. Gurcharan Singh also informed Hans Raj about the death of Veena Devi. Hans Raj and Gurcharan Singh started for Rattia and on the way they took Satpal from village Pill Bhange. They reached Rattia at about 1-00 P.M. They went to the house of the accused. They found the dead body of Veena Devi lying on the slabs of ice in the compound of the house of the accused. Hans Raj and his relations made an enquiry as to the cause of death of Veena Devi and it transpired that Veena Devi having been fed up with the taunts and harassment given to her by her husband Vijay Kumar, her mother-in-law Kaushalya Devi and father-in-law Vakil Chand for not bringing the scooter in dowry has committed suicide either by consuming poison or due to some other reasons.

After recording formal FIR under Sections 304B/498A IPC against the accused, S.I. Samunder Singh went to the spot, prepared inquest report Ex. PB/2 and sent the dead body for post-mortem examination. He prepared rough site plan Ex. PF with correct marginal notes. On July 9, 1987 the accused were arrested.

After necessary investigation, the accused were challaned, tried, convicted and sentenced as mentioned in the earlier part of the judgment.

Prosecution, in support of its case, examined PW 6 Dr. P.L. Verma, who on July 6, 1987 at 7.15 P.M., conducted post-mortem examination on the dead body of Veena Devi deceased and had observed as under :

"The dead body was 512 inch in length and was of a young female. Eyes were closed. Mouth was partially open. Face and upper part of chest were bluish. Post-mortem staining was present on the back and buttocks. Rigor mortis was present in lower limbs and was absent in upper limbs. The lungs were healthy and congested. Part of the right lung was sent for Chemical Analysis. The pericardium was healthy. The heart was healthy and was containing liquid blood. The mouth and oesophagus were healthy. The stomach was healthy and contained liquid material. It was also sent for chemical examination. Small intestines and their contents were healthy and contained semi digested food. A part of it was sent for chemical examination. Large intestines were healthy and contained faecal matter. A part of it was also sent for chemical examination. The liver was healthy and part of it was sent for chemical examination. The spleen was healthy and part of it was sent for chemical examination. The kidneys were healthy and a part of it was also sent for chemical examination. The bladder was healthy but empty.

The cause of death was not given at that time and it was to be given after the receipt of report of Chemical Examiner.

Probable time between injury and death, according to his opinion, was variable and between death and post-mortem it was between 18 to 48 hours.

PW 7 Dr. P.S. Dhawan deposed that on July 6, 1987 he and PW 6 Dr. P.L. Verma had conducted post-mortem examination on the dead body of Veena Devi.

PW 1 Constable Deep Chand, PW 2 Constable Same Ram, PW 3 Constable Shish Ram, PW 4 H.C. Randhir Singh PW 5 Constable Mittar Sain are formal witnesses.

PW 8 Ashok Kumar, Manager Vijay Enterprises, Fatehabad Road, Rattia deposed that on June 13, 1987 one Dyanora Television was sold to Veena Devi wife of Vijay Kumar for Rs. 3,030/50 P vide receipt Ex. PD.

PW 9 Suresh Kumar proprietor of Gift Centre, Fatehabad deposed that on June 17, 1987 Kelvinator refrigerator was sold to Mrs. Veena Devi wife of Vijay Kumar for Rs. 4,463/10P vide receipt Ex. PD/1.

PW10 Hans Raj and PW 11 Gurcharan Singh have fully supported the prosecution case as mentioned in the earlier part of this judgment. Nothing has come in their cross-examination to discredit their sworn testimony.

PW 12 S.I. Samunder Singh is the Investigating Officer. He has given the details of investigation conducted by him.

After the close of prosecution case, the accused were examined u/s 313 Cr. P.C. They have denied the prosecution allegations and pleaded innocence. Accused Vakil Chand has taken the following stand :--

"We never demanded any T.V. scooter or anything else. Veena Devi was never taunted or harassed for not having brought any of the articles. On 5-7-87 Veena Devi developed high fever. Dr. Brij Lal was summoned for her treatment. He prescribed medicines which were given to her. Inspite of that treatment, she expired and died a natural death. Intimation regarding her death was sent to PW Hans Raj at Siri Karanpur through Satish, Gulab and Avtar Singh. A car bearing No. DEC-2748 was sent to Siri Karanpur with these persons and Gobind Ram was its driver. Hans Raj, his wife and other relations were brought in that car to Rattia, They reached Rattia in the morning of 6-7-87. Hans Raj and his other relations gave a proposal that after the death of Veena we should accept one of the daughters of Hans Raj for being married with Vijay Kumar. We refused. Thereafter, a proposal came from them that they should be compensated in the form of cash in respect of the articles given in dowry. We were not in a position to make the payment in cash. We offered them the articles which had been brought by Veena. They refused to take them. On that account, they connived with the police and got us implicated in this false case. We were arrested the same day by the police also. Even the complainant party connived with the hospital staff and interfered with the viscera before it was sent to the Chemical Examiner. We were having very cordial relations with Veena. Her sister Anita had written a letter mark A to Veena which shows that our relations with Veena were cordial."

In their defence, the accused have examined DW 1 Gobind Ram who deposed that in July 1987 he was driver of car No. DEC-2748. On July 5, 1987 he took Satish Kumar from Rattia to Karanpur Theri. Two other persons had accompanied them. One of them was told to be Avtar Singh by Satish. They reached Karanpur at about 12/12.30 in the night. They went to the house of Hans Raj PW Satish Kumar told Hans Raj that his daughter had died because of high fever. Hans Raj, one male and two females came with them. They reached Rattia at about 6.45/7.00 A.M.

DW 2 Megh Raj stated that Om Parkash son of Vakil Chand accused is married with his daughter Bimla Devi who has three children. Since the marriage, neither Vakil Chand nor his son-in-law demanded anything on account of dowry. His daughter Bimla Devi is happily living in her matrimonial home. Satish Kumar, another son of Vakil Chand accused is married with the daughter of Lal Chand of village Kullan. He was a member of that marriage party. Even in that marriage, no demand for dowry was made. Daughter of said Lal Chand is also happily living in her matrimonial home. He further stated that he knows Hans Raj and Gurcharan Singh. The marriage of Veena Devi was settled with accused Vijay Kumar in Fatehabad on May 1, 1987 and he was present at that time. There was no talk of any demand at that time. The marriage was solemnized on June 20, 1987 and "Shagan" was given on June 18, 1987. Hans Raj etc. had brought Television and Refrigerator and Rs. 2,100/- in cash of their own without any demand. There was no talk of dowry or demand for dowry at that time. He went in the marriage party of Vijay Kumar on June 20, 1987 at Karanpur. The marriage was performed normally. There was no demand from Vakil Chand or Vijay Kumar accused of any type. The "Doli" was brought without any demur. Veena Devi lived happily.

He further stated that after about 15 days of the marriage, he came to know about the death of Veena Devi at about 8-00 P.M. He reached Rattia at 11-00 P.M. He saw Veena Devi lying dead on the slabs of ice near the Verandah. On his enquiry, Vakil Chand accused told him that she had died on account of fever. He was also informed that Satish Kumar and others had gone to call the parents of Veena Devi. Hans Raj, his wife, his brother and one more lady came at about 7-00 A.M. next morning. After about 1/1-1/2 hours, Hans Raj asked Vakil Chand and Vijay Kumar accused to take his other daughter in marriage. Vakil Chand and Vijay Kumar refused. There was no other talk. At about 12 noon the police came. Before the arrival of police, Hans Raj demanded Rs. 60,000/-the amount which he had spent on the marriage. The accused told Hans Raj that they had no money and that he can take the articles back.

DW 3 Anita Monga stated that her sister Veena Devi was married in village Rattia on June 20, 1987. Letter Ex. DG was written by her to her sister Veena Devi but she did not receive any reply to that letter.

DW 4 Avtar Singh stated that 14 months prior to his making statement on September 10, 1988, he alongwith Major Singh and Satish Kumar had gone to Karanpur in the car driven by Gobind Ram. They had reached Karanpur at about 12.30 in the night. They went to the house of Hans Raj. Satish Kumar informed Hans Raj that his daughter had died because of high fever and that he should accompany them. He and Major Singh remained in Karanpur. Two ladies, one male and Hans Raj came back in that car. Satish Kumar had also come with them.

DW 5 Bimla stated that she was married with Om Parkash, real brother of Vijay Kumar accused. Marriage of Satish Kumar was performed with Nirmala of village Phula. She also deposed regarding the marriage of Veena Devi deceased with Vijay Kumar accused. After her marriage, her in-laws or her husband did not demand any dowry from her. She was not taunted. She was never torturned or harassed. Wife of Satish Kumar was also never harassed or torturned. The "Shagan" in connection with the marriage of Vijay Kumar was given only a day before the marriage. At the time of "Shagan", her father-in-law or mother-in-law did not demand anything. Her father Megh Raj was also present at the time of "Shagan" of Vijay Kumar. She and her father had also gone to Sri Karanpur in the marriage of Vijay Kumar. At the time of marriage, no demand of anything was made by Vijay Kumar or Vakil Chand. The marriage was performed peacefully. So long as she remained to her matrimonial home, no demand was made from Veena Devi deceased. Veena Devi died of fever. Satish Kumar and two more persons had gone from Rattia to Sri Karanpur to inform, the parents of Veena Devi about her death. After usual condolences, the father of Veena Devi asked Vakil Chand to take his another daughter in marriage with Vijay Kumar. Her father-in-law told that since the dead body of Veena Devi was lying in the house so they were unable to decide anything. Thereafter, Veena Devi''s father demanded Rs. 60,000/- from her father-in-law. Vakil Chand accused told that he was not having that much money. Thereafter, the parents of Veena Devi left that place. After two hours, they brought the police. The police took Vakil Chand, Kaushalya Devi and Vijay Kumar. The articles of dowry were also taken back by the father of Veena Devi. Photographs Ex. DH and Ex. DH/1 were taken in Karanpur at the time of marriage of Vijay Kumar.

We have heard the learned counsel for the parties and gone through the record, with their help.

Veena Devi deceased was an unfortunate girl. She was married in the third week of June, 1987 and had to finish her life in the first week of July, 1987. At the time of "Shagan" ceremony, a demand of dowry was there and the same was fulfilled. At the time of marriage, another demand came up which her parents promised to fulfill but she feeling so unhappy and humiliated ended her life. The prosecution evidence has proved beyond reasonable doubt that the accused had been demanding dowry and treating the deceased with such cruelty which impelled her to commit suicide.

The learned counsel for the accused has raised almost the same points which were raised before the trial Court. The trial court has rightly repelled them. We also do not find any force in the arguments of the learned counsel for the accused. The prosecution evidence has established the case fully and we find that the conviction of the appellants is well based.

As Kaushalya Devi, her husband Vakil Chand and his son Vijay Kumar have been convicted and the role attributed to Kaushalya Devi is not that serious as she was neither present at the "Shagan" ceremony nor at the time of departure of marriage party, we are of the view that some leniency in the sentence in her case is called for. Consequently, we reduce her sentence from imprisonment for life to seven years rigorous imprisonment. However, her conviction and sentence u/s 498A IPC are maintained but the sentence awarded on this count is ordered to run concurrently with the main sentence.

With the above modification in the sentence of Kaushalya Devi from imprisonment for life to seven years rigorous imprisonment, we dismiss this appeal.