Criminal Appeal No.50-SB of 1999 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.50-SB of 1999
Date of decision : 06.11.2008
Rajbir and another .....Petitioners
Versus
State of Haryana ...Respondent
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Ms. Ashima Mor, Advocate as Amicus Curiae for
the appellants.
Mr. S.S. Mor, Senior Deputy Advocate General, Haryana
for the respondent.
S. D. ANAND, J.
The appellants Rajbir and Pala Ram real brother inter-se
were convicted by the learned Trial Judge for an offence under Section
498-A IPC. The allegation upheld against them was that they had caused
dowry-related torture to deceased Kamla daughter of first informant Kehar
Singh who was married to the former appellant (Rajbir). The appellants
were exonerated of the charge under Section 304-B IPC and the State
does not appear to have challenged that part of the finding.
The prosecution allegations at the trial were as under:-
Deceased Kamla, daughter of first informant Kehar Singh,
was married to appellant Rajbir about four years prior to the impugned
occurrence. The appellants were not satisfied with the adequacy of the
dowry brought by her and they used to subject her to dowry-related
torture, with a view to coerce her to bring dowry articles from her natal
family. Besides it, the deceased used to object to the consumption of
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liquor by Rajbir. About three months prior to the impugned occurrence,
deceased Kamla came over to her parental house. She was fed up with
the dowry-related taunts hurled at her. She brought facts to the notice of
her parents who, however, persuaded her to return to the matrimonial
house.
On the relevant date i.e. at about 9.00 A.M., appellants Rajbir
and Pala informed Kehar Singh that Kamla was ill and hospitalised in the
Civil Hospital at Karnal. Kehar Singh, accompanied by Ram Sarup and
Sandeep Singh, went to Civil Hospital, Karnal, but could not locate Kamla.
Thereafter, they went over to the village of the appellants. It was there that
it came to their notice that she had been poisoned to death on account of
her inability to meet dowry demand aforementioned.
Learned Amicus Curiae informs that she has been through the
judgment dated 24.10.2008 rendered by this Court in Criminal Appeal
No. 1056-SB of 1998 (Panni and others Vs. State of Haryana) which
had been filed by Mst. Panni and Banarasi Dass, parents of the present
appellants, against the impugned judgment and conviction. She states
that she is not in a position to contest the finding recorded by this Court
upholding the finding of indictment of the appellants for the offence under
Section 498-A IPC.
In the light thereof, it is held that the appeal is denuded of
merit and shall stand dismissed. However, in view of the fact that the
appellants have been undergoing the ordeal of trial/appeal since the year
1998, I am of the opinion that interest of justice would be served if the
sentence awarded to appellant is reduced by one year and it is so
ordered accordingly.
November 06, 2008 (S.D. ANAND)
Pka JUDGE
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