STATE OF HARYANA Vs. KRISHAN
LAWS(P&H)-2009-5-1
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 27,2009

STATE OF HARYANA Appellant
VERSUS
KRISHAN Respondents




JUDGEMENT

JASBIR SINGH, J. - (1.)The State of Haryana has filed this application under Section378 (3) Cr.P.C. with a prayer to grant leave to file an appeal against judgment dated 5.11.2008, acquitting the respondents of the charges framed against them. It was an allegation against the respondents that on 27.3.2007, they, in connivance with each other, had murdered (dowry death) Sanju wife of respondent No.1.The trial Court, in paragraph No.2 of its judgment, has noted the following facts regarding case of the prosecution:-"Briefly stated, the allegations of the prosecution are that on 28.3.2007, ASI Her Narain, In charge, Police Post, Kalanaura long with other police officials has present at Kahnaur Chow for patrol and crime checking duty.
(2.)There, complainant Bhateri along with her daughters Anita & Sunita and Jeth (brother-in law) Om Parkash came and got her statement recorded to the effect that she was the resident of village Luhani, District Bhiwani. Her husband had expired 8 years ago. She married her daughters Sanju and Anju with accused Krishan Lal &Pawan respectively both residents of village Kahnaur five years ago. In the marriage, they have given dowry as per their capacity. Her daughter Sanju was sent to her in-laws while Anju was not sent to her in laws. Out of the marriage between Krishan and her daughter Sanju, one daughter and one son were born about 1-1/2 years and 7 months ago, respectively. Risal Singh father-in-law of her daughters Sanju and Anju died four years ago. From the very beginning of marriage, her daughter Sanju was harassed by her husband Krishan Lal, brother-in-law Pawan and mother-in-law Gindori for or in connection with demand of dowry and also they used to taunt and beat her for the same. Regarding this, her daughter Sanju told them many a times when she visited village Luhani.
(3.)A local Panchayat including herself, her daughter Sunita, Sajjan the son of her husband's sister and her Jeth Om Parkash visited village Kahnaur and advised both her sons-in-law and their mother Gindori to behave Sanju properly. On 27.3.2007, at about 11.00 a.m., her daughter Sanju made a telephonic call to her and told her that the accused Krishan Lal, Pawan and Gindori were pressurising her to bring a sum of Rs. 10,000/ - as they needed this money for the marriage of their daughter Poonam. On this, she (complainant) assured her daughter Sanju that she would arrange the money and would inform heron telephone. Anyhow, on that very day i.e. 27.3.2007 at about 4.00/5.00 p.m., a telephonic message was received from her son in-law Krishan Lal that Sanju has become unconscious and she(complainant) should reach immediately. On this, she along with her daughters Anita & Sunita and her Jeth Om Parkash reached the house of the accused at village Kahnaur and found her daughter Sanju lying dead on a cot in a room. On probe, she came to know that Sanju has committed suicide by hanging herself with the Chunni tied with the ceiling fan on account of her harassment meted out to her by all the three accused or after murdering Sanju, they put her on the cot. "On the basis of above said information, FIR bearing No.92 was recorded against the respondents on 28.3.2007 for commission of offences under Sections 304-B, 498-A and 34 IPC.


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