High Court Punjab-Haryana High Court

Chiranji Lal And Another vs State Of Haryana on 9 January, 2009

Punjab-Haryana High Court
Chiranji Lal And Another vs State Of Haryana on 9 January, 2009
Crl. Appeal No.189-SB of 1996                                     [1]

IN   THE     HIGH COURT OF PUNJAB                 AND HARYANA AT
                      CHANDIGARH



                                      Criminal Appeal No.189-SB of 1996

                                      Date of Decision:    9 - 1 - 2009



Chiranji Lal and another                                  ....Appellants

                                v.

State of Haryana                                          ....Respondent



CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

                                ***

Present:     Mr.A.S.Virk, Advocate
             for the appellant.

             Mr.S.S.Mor, Sr. DAG, Haryana.


                                ***

KANWALJIT SINGH AHLUWALIA, J.

The present appeal has been preferred by Chiranji Lal son of

Layak Ram and his wife Smt.Phoola Devi. During the pendency of appeal,

Chiranji Lal is stated to have expired on 10.11.2003. Report regarding his

death has been submitted. Therefore, appeal qua Chiranji Lal abates.

The present appeal survives only qua Phoola Devi.

FIR No.193 dated 16.8.1994 was registered at Police Station

Bilaspur under Sections 498-A, 304-B and 406 IPC. Chiranji Lal along

with his wife Phoola Devi, sons Jai Chand, Jaswant Lal alias Lala and

daughter Saroj were tried by the Court of Sessions Judge, Gurgaon in the

above said FIR. In the above said FIR, daughter-in-law of Chiranji Lal
Crl. Appeal No.189-SB of 1996 [2]

Smt.Ram Bhateri had died an unnatural death on 16.8.1994.

Smt.Ram Bhateri daughter of Narain Singh was married in

June, 1989 to Jai Chand son of Chiranji Lal, who at that time was deployed

in the Armed Forces. It was stated in the FIR that sufficient dowry was

given at the time of marriage. Smt.Ram Bhateri according to the

complainant was maltreated and given beatings by family members of

Chiranji Lal i.e. five accused named above in the FIR. It is stated that

family of Chiranji Lal had a grievance that insufficient dowry was given at

the time of marriage. They were demanding scooter and fridge. It was told

that on failure to comply with the demand, Jai Chand would be remarried.

Jai Chand came on annual leave from the Army and Ram Bhateri came from

her father’s place to join him at his native place. On 2.7.1994 Jai Chand

returned to place of his posting. On 8.8.1994, in order to celebrate Teej

festival, Narender nephew of Narain Singh along with maternal uncle

Aflatoon visited Ram Bhateri who requested for giving further articles of

dowry. On 16.8.1994 Ram Bhateri’s uncle Ramesh Kumar was informed by

Rampal and Suresh regarding serious condition of Ram Bhateri as she was

put on fire by her in-laws. Ramesh Kumar and Aflatoon reached village

Baganki and found Ram Bhateri lying unconscious with burn injuries. She

was brought to Civil Hospital, Gurgaon where she was declared dead.

Report was lodged by Ramesh Kumar uncle of Ram Bhateri. The matter

was investigated. Report under Section 173 Cr.P.C. was submitted holding

accused guilty for offense under Sections 498-A, 304-B, 201 and 406 IPC.

Prosecution examined Narain Singh father of Ram Bhateri as

PW-11, Ramesh Kumar uncle of Ram Bhateri was examined as PW-9,

Narender brother of Ram Bhateri appeared as PW-10. They stated before
Crl. Appeal No.189-SB of 1996 [3]

the Court regarding maltreatment and demand of dowry. Prosecution had

also examined Dr.R.N.Yadav, Dr.Rekha Yadav to prove that deceased Ram

Bhateri had died due to unnatural death due to 85 per cent burn injuries.

Post-mortem report Ex.PA was proved. Police officials were examined to

prove the investigation. After the conclusion of prosecution evidence, all

incriminating circumstances were put to accused in the statement under

Section 313 Cr.P.C..

The learned trial Court acquitted Saroj and Jaswant Lal alias

Lala as they were less than 18 years and 21 years respectively. They being

un-married sister and brother of husband of Ram Bhateri were given benefit

of doubt. The Court further held that there were no allegations against Jai

Chand husband, rather inference was drawn that there was love and

affection between Jai Chand and his wife Ram Bhateri. Therefore, Jai

Chand was also acquitted. The Court further held that there was no demand

soon before the un-natural death of Ram Bhateri. Therefore, Chiranji Lal

and Phoola Devi were also acquitted under Section 304-B IPC. The

judgment of acquittal for the offence under Section 304-B IPC was

pronounced on 13.2.1996. No appeal against acquittal has been preferred

by the State. Acquittal of Saroj, Jaswant Lal alias Lala and Jai Chand has

attained finality. However, trial Court had convicted and sentenced Chiranji

Lal and Phoola Devi to three years rigorous imprisonment and a fine of

Rs.5,000/- for offence under Section 498-A IPC and had ordered that in

default of payment of fine, they shall further undergo simple imprisonment

for six months.

Since Chiranji Lal had expired and appeal stand abated qua him

as stated earlier, the present appeal subsists only qua Phoola Devi.

Crl. Appeal No.189-SB of 1996 [4]

Counsel for appellant Phoola Devi has stated that he is not in a

position to assail conviction of Phoola Devi. He has submitted that Phoola

Devi is now aged about 75 years. She has already undergone 5 months 22

days of sentence. It has been prayed that taking into consideration, the old

age and the fact that the occurrence took place on 16.8.1994 and the

appellant had suffered a protected trial for more than 14 years, appellant be

not sent behind the bars.

I find merit in the submission made by counsel for the

appellant. Taking into consideration old age and the protected trial, the

sentence awarded to appellant Phoola Devi under Section 498-A is reduced

to the period already undergone i.e. 5 months and 22 days but the fine is

enhanced to Rs.20,000/-. The amount of fine so deposited, shall be

disbursed to the parents of deceased Ram Bhateri. Non deposit of the fine,

shall dis-entitle the appellant from the relief of reduction of sentence.

For the aforesaid reasons, except for the modification in

sentence as noticed above, the present appeal is dismissed.



                                 ( KANWALJIT SINGH AHLUWALIA )
January 9, 2009                             JUDGE
RC