Punjab-Haryana High Court
Crl.Appeal No.773-Db Of 2009 vs State Of Haryana 1994(3) Rcr (Crl.) 625 ... on 23 February, 2012
Crl.Misc.No.64986 of 2011 in
Crl.Appeal No.773-DB of 2009
Present: Mr.R.S.Rai, Senior Advocate
with Mr.Deepinder Brar, Advocate
for the applicant/appellant..
Mr.H.S.Deol, Additional Advocate General, Haryana.
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Learned Senior Counsel for the applicant/appellant has submitted that the applicant/appellant Virender Sethi, who was released on parole has surrendered in the jail on the due date i.e. 29.1.2012. He has submitted a certificate in this regard issued by Shri Ramesh Kumar, Deputy Superintendent, District Jail, Gurgaon. The same is taken on record.
Heard learned counsel for the parties.
The applicant/appellant Virender Sethi and deceased Neha met each other on 10.03.2007. On the next day i.e. 11.3.2007 they solemnized their marriage amongst themselves. It was the second marriage of both the parties. On 11.10.2007, Tirlok Kumar Gupta, father of Neha lodged a report regarding her death. It is alleged by the complainant that after some days of the marriage, the accused Virender Sethi, his father Jai Narain, his mother and his two sisters Namarta and Pooja taunted Neha for bringing insufficient dowry and they started beating her. Neha informed the complainant about this fact on telephone and also after she came to the house of the complainant. The complainant about a month earlier to filing of the report requested the accused not to spoil the life of his daughter. It is alleged that 15 days before the date of filing the report, the complainant along with his elder brother Ashok Kumar and his son Crl.Misc.No.64986 of 2011 in Crl.Appeal No.773-DB of 2009 -2- Vipul Gupta went to the house of the accused in Jammu. They demanded a sum of Rs.Ten lacs and they remarked that otherwise they would harass his daughter and would kill her. The complainant paid Rs. two lacs in cash and promised to pay remaining amount of Rs. Eight lacs upto March. The accused, however, did not believe this undertaking of the complainant and kept on causing harassment to his daughter. They did not permit her to talk with them on telephone. Somebody on the previous night to lodging the report informed on telephone that the daughter of the complainant had died. Consequently, the complainant along with his brother Ashok Kumar and other relatives reached Gurgaon. The flat was found closed. The complainant enquired about the cause of death of his daughter and came to know that on 10.10.2007, the father in law and mother in law of the daughter of the complainant had come to the flat and the complainant came to know that his daughter Neha was given taunts and was caused harassment for dowry. Ultimately she committed suicide by hanging being compelled with the taunts and demands of the accused. A suicide note of Neha was also recovered.
In terms of the suicide note it may be noticed that there are no allegations of demand of dowry although there are allegations of harassment. Therefore, it is to be considered at the time of final hearing of the appeal as to whether the death of Neha had occurred in connection with demand of dowry soon before her death. Besides, the applicant/appellant has been sentenced to undergo rigorous Crl.Misc.No.64986 of 2011 in Crl.Appeal No.773-DB of 2009 -3- imprisonment for life. It is to be considered in the context of the judgment of the Hon'ble Supreme Court of India in Hem Chand versus State of Haryana 1994(3) RCR (Crl.) 625 that imprisonment for life in a case under Section 304-B IPC is to be passed in rare cases.
In terms of the affidavit of Ramesh Kumar, Deputy Superintendent, District Jail, Gurgaon, the applicant/appellant has undergone imprisonment of 4 years, 2 months and 15 days as on 31.12.2011. The appeal is not likely to mature for hearing in the near future. Therefore, in the facts and circumstances, it would be just and expedient to suspend the sentence for imprisonment of the applicant/appellant during the pendency of the appeal.
Accordingly, criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant Virender Sethi during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Gurgaon.
(S.S.SARON) JUDGE (M.JEYAPAUL) JUDGE February 23, 2012 p.singh