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2004 DIGILAW 954 (PNJ)

Hukam Chand Hukam Singh v. State Of Haryana

2004-08-25

VIRENDER SINGH

body2004
Judgment Virender Singh, J. 1. Hukam Chand alias Hukam Singh son of Han Kishan and his mother Phool Wati have been convicted under Sections 498-A and 304-B, IPC vide impugned judgment of learned Additional Sessions Judge, Gurgaon dated 5/11/1999 and have been sentenced as under: U/s 304-B IPC RI for ten years each and to pay a fine of Rs.5,000.00 each, in default to suffer further RI for one year. U/s 498-A IPC RI for two years each and to pay a fine of Rs.2,000.00, in default to further RI for 3 months each. However, both the substantive sen-tences were ordered to run concurrently. It is worth mentioning here that along with the present two appellants, Han Kishan and Jai Chand were also booked to face trial. However, they stand acquitted. The State of Haryana has not preferred any appeal against their acquittal. 2. The present case was registered on the statement (Ex. PB) of Panna Lal, wherein he states that he had married his daughter Rakesh with Jai Chand and another daughter Kavita (since deceased) with Hukam Chand on 18/5/1996; that he had given sufficient dowry at the time of the marriage of his daughters, but the in-laws of his daughters including Phool Wati/mother-in-law and Han Kishan/father-in-law were not happy; that Rakesh was not taken to her matrimonial house whereas Kavita, who was younger daughter had gone to her in-laws house 4/5 times; that the present two appellants were demanding Rs. one lac from Kavita and asked her that in case she would not bring the said money, they would not bring Rakesh, her other sister married to Jai Chand, to their house and for this reason, they had been pre-ssurising Kavita to bring Rs. one lac; that 15 days before the present occurrence, Rakesh, the other daughter was sent to her matrimonial house, but they sent her back; that Rakesh also told her parents that Kavita was very much disturbed in her in-laws house as all of them were demanding money; that Han Kishan (since acquitted) accompanied by 2-3 persons came to the house of the com-plainant on 18.9.1997 and told that Kavita was seriously ill and then it was disclosed that she had died; that the family members of Kavita reached her in-laws house and found her dead in a room; that in fact a sari was wrapped around her neck. 3. 3. On the statement of Panna Lal, a case was registered against all the accused. After completion of investi-gation, Han Kishan and Jai Chand were kept in column No.2 as the prosecution agency found them innocent. 4. The appellants were charged under Sections 498-A/304-B IPC read with Sec.34 IPC. Before summoning of Han Kishan and Jai Chand, the prosecution agency had examined Sarwan Kumar Draftsman as PW-1 and Panna Lal, the complainant as PW-2. Thereafter on an application moved by the prosecution under Sec.319 Cr. P. C. , Han Kishan and Jai Chand were summoned to face trial along with the present co-accused. Thereafter the prosecution again examined Panna Lal as PW-1, his wife Prem Wati as PW-2, his son Nawal Singh as PW-3, Rakesh/sister of the deceased as PW-4, Lal Chand as PW-5, Assistant Sub-Inspector Basant Lal as PW-6, ASI Ram Singh as PW-7, Dr. S. K. Sharma, Medical Officer as PW-8, Mahesh Photographer as PW-9, Sarwan Kumar Draftsman as PW- 10 and Inspector Mohinder Singh as PW-11. The stand taken by all the accused was of false implication. 5. The learned trial Court after examining the entire evidence on record acquitted Han Kishan and Jai Chand observing that the prosecution has miserably failed to prove its case against them, whereas convicted the present appellants of the charge. Hence this appeal. 6. I have heard Mr. B. S. Siroha Advocate appearing for Mr. Gorakh Nath, learned counsel for the appellants, Mr. S. S. Brar, learned Deputy Advocate General, Haryana. With their assistance I have gone through the entire record carefully. 7. Learned counsel for the appe-Ilants contends that the trial Court has gravely erred in convicting the present appellants as the prosecution has abso-lutely no evidence against them to prove the charge. Referring to the statement of Panna Lal complainant (PW-1), his wife Prem Wati (PW-2), Nawal Singh brother of deceased (PW-3) and Rakesh/sister of the deceased (PW-4), the learned counsel contends that these four star witnesses have not supported the prosecution case at all and, in fact, Panna Lal (PW-1) father of the deceased has categorically stated that after his two daughters namely Rakesh and Kavita were married to Jai Chand and Hukam Chand respectively, they were never maltreated or tortured for bringing more dowry or money and that his daughters were kept properly by their husband and even other members of their in-laws family. He then contends that the learned trial Court has convicted both the appellants mainly on the ground that before Han Kishan and Jai Chand were summoned, Panna Lal complainant, father of the deceased when appeared as PW-2, had in fact reiterated the version as projected by him in his initial statement (Ex. PB) and states that his daughter Kavita was being tortured for bringing more dowry. According to the learned counsel, the previous statement recorded by the trial Court before summoning Jai Chand and Han Kishan is to be ignored in the light of the evidence which has been recorded subsequently after Han Kishan and Jai Chand accused were summoned and that the earlier evidence is not enough to prove the charge against the appellants. 8. The learned counsel then contends that all the allegations are general in nature viz, demand of Rs. one lac by in-laws and in those allegations even father-in-law and mother-in-law have also been involved and that since the said two persons have been acquitted, at least Phool Wati, who is mother-in- law of the deceased and is similarly situated, deserves the same relief. He then contends that there is no other evidence, which would segregate the case of Phool Wati/mother-inlaw or even Hukam Chand-husband from the co-accused, since acquitted. Both the appellants, thus deserve acquittal, the learned counsel so contends. 9. In the alternative, the learned counsel prays for reduction in the quantum of sentence on the ground that the appellant Hukam Chand by now has undergone six years and about 5 months of his actual substantive sentence as he is in custody since the date of his conviction, which period includes parole or furlough enjoyed by him as a convict. The learned counsel has placed on record certificate issued by the Superintendent District Jail, Gurgaon. He then contends that even otherwise, all the family members of the deceased have not supported the case of the prosecution when subsequently examined after the application under Sec.319 Cr. P. C. was allowed; that this can also be considered as one of the mitigating circumstances in favour of the appellants and that keeping both the appellants in jail for ten years in this eventuality would be a harsh view. It is then contended that Phool Wati appellant has already undergone substantial period of her substantive sentence. 10. P. C. was allowed; that this can also be considered as one of the mitigating circumstances in favour of the appellants and that keeping both the appellants in jail for ten years in this eventuality would be a harsh view. It is then contended that Phool Wati appellant has already undergone substantial period of her substantive sentence. 10. Refuting the submissions made on behalf of the appellants, the learned State counsel contends that even if the family members of the deceased have not supported the prosecution case after Han Kishan and Jai Chand were summoned to face trial along with the present two appellants, the statement of Panna Lal (PW-2), father of the deceased recorded prior to summoning of these two accused (since acquitted) cannot be just ignored. He then contends that in case the said statement coupled with the other statements of official witnesses is taken into account, it is amply proved that Kavita, who has died an unnatural death in the house of her husband, was in fact compelled to commit suicide for bringing inadequate dowry within seven years and as such the conviction as recorded by the trial Court qua both the appellants deserves to be upheld. 11. I have given my thoughtful considerations to the rival submissions of both sides. Admittedly, Kavita has died in the house of husband within a very short span of her marriage i. e. within one year and two months. ASI Ram Singh (PW-7) has stated that on 18.7.1997 when he went to the spot, he saw Kavita hanging from the fan with a saree wrapped around her neck and tied with the hook of the fan. He also stated that Panna Lal gave his statement Ex. PB to him, which was read over and explained to him and the latter signed the same admitting the contents thereof to be correct and thereafter he made his endorsement Ex. PB/2 and sent the same for registration of the case. This witness has categorically stated that statement of Panna Lal was recorded without any addition or alteration. 12. Dr. S. K. Sharma has conducted the post-mortem examination on the dead body of Kavita and found a ligature material tied around her neck. In his opinion the death was due to hanging. 13. This witness has categorically stated that statement of Panna Lal was recorded without any addition or alteration. 12. Dr. S. K. Sharma has conducted the post-mortem examination on the dead body of Kavita and found a ligature material tied around her neck. In his opinion the death was due to hanging. 13. So far as Han Kishan and Jai Chand are concerned, the statement of Panna Lal could not be legally read against them as it was recorded in their absence and the statement of this witness recorded after summoning them under Sec.319 Cr. P. C is against his initial statement Ex. PB, which is basis of the first information report. Thus, there was no evidence against Han Kishan and Jai Chand. Panna Lal as a matter of fact has not uttered even a single word against Han Kishan or Jai Chand. Thus, the only evidence which is left for appreciation is the statement of Panna Lal complainant recorded as PW-2 prior to the summoning of Han Kishan and Jai Chand accused and the said statement, which is made on oath by him, cannot be just ignored. No doubt, Panna Lal has stated that he had made the statement on 23.10.1998 under threat and pressure of the police. But this cannot be enough to discard his statement in toto. There could not be any reason for the police to hold threat or pressure upon Panna Lal to depose against the in-laws of Kavita (since deceased ). It appears that after summo-ning of Jai Chand and Han Kishan, the parties had arrived at some compromise, due to which Panna Lal has resiled from his earlier statement. In my considered view, the subsequent statement given by Panna Lal does not have any weight and his earlier statement made on 23.10.1998 has to be looked into. When examined initially as PW-2, Panna Lal States that a demand of Rs. one lac was made by the in-laws of Kavita. I have carefully scrutinized the lengthy cross- examination of this witness as well. The entire statement, if taken collectively, is in fact a pointer towards the husband only, who is stated to have actually demanded another Rs. one lac from the complainant. Phool Wati, mother-in-law has no role to play in it. I have carefully scrutinized the lengthy cross- examination of this witness as well. The entire statement, if taken collectively, is in fact a pointer towards the husband only, who is stated to have actually demanded another Rs. one lac from the complainant. Phool Wati, mother-in-law has no role to play in it. It was in fact the general allegation against every member of the family of the in-laws of the deceased including Han Kishan and Jai Chand. A demand for money as alleged could at the most be made by the male members. The ladies in the villages have no role to play in such type of demands. Since Han Kishan and Jai Chand have already been acquitted, may be on account of no evidence against them, in my view, Phool Wati appellant also deserves acquittal as the case is not proved against her beyond all reasonable shadows of doubt. Consequently, while extending benefit of doubt to her, she is acquitted. 14. So far as Hukam Chand, the husband is concerned, he has no escape. The prosecution case against him is proved to the hilt. Resultantly, the conviction of Hukam Chand for both the charges as recorded by the learned trial Court is hereby upheld. I, however, find force in the sub-missions made by the learned counsel with regard to quantum of sentence. Undisputedly, Hukam Chand appellant has by now undergone six years and about 5 months, as is clear from the jail certificate. The fact that the prose-cution witnesses including Panna Lal complainant the father of the deceased, have resiled, this can also be considered as a mitigating circumstance in favour of the appellant. In my view, ends of justice would be adequately met if the substantive sentence of 10 years as awarded by the trial Court is reduced to seven years, the minimum provided under the Statute. Ordered accordingly. However, the sentence of fine shall remain as it is. 15. The net result is that the appeal is partly allowed. Phool Wati appellant stands acquitted of the charges. Her bail/surety bond shall stand discharged forthwith. 16. The appeal qua Hukam Chand appellant is dismissed with the modification in quantum of sentence as indicated above. Appeal disposed of.