K.C. Puri, J.

Vide this judgment I intend to dispose of CRA S-2224 SB of 2003 titled as Avdesh Sharma vs. State of Haryana and CRR No.354of 2004 titled as Suman vs. State of Haryana and another, as both these cases have arisen out of the same judgment.

Briefly stated, the present accused appellant Avdesh Sharma, alongwith Vipula, Kamni, Hitesh Sharma and Avinash were sent to stand trial for offence under Sections 498-A, 406, 324, 325, 307, 506, 316, 34 IPC, by SHO of Police Station City Yamuna Nagar, vide FIR No. 405 dated 4.7.1997.

The facts, as gathered from the record of the case are that on 4.7.1997, complainant Suman came to Police Station City Yamuna Nagar and presented an application before SI Ram Kishan, in which she has stated that she is aged about 25 years. Her father had expired about 14-15 years ago. She has further stated that she is educated and her marriage was solemnized with Hitesh Sharma s/o O.P. Sharma, r/o Devtan Mohalla, Pathar Wali, Jawalapur U.P. on 15.1.1996 according to Hindu rites and ceremonies. At the time of marriage, her mother had given dowry articles in accordance with her capacity. She and her husband Hitesh Sharma lived together for some time i.e. till 18.4.1997 at Yamuna Nagar and Jawalapur as husband and wife. Thereafter her in-laws started passing taunts and beatings to her for bringing less dowry, when she went to her matrimonial house. She was harassed, beaten up and was kept hungry without any reason. Even abuses were also hurled. At night time on 18.4.1997 she was beaten up by Kamni wife of Avdesh and her sister-in-law Vipula and was confined in a room so that the neighbours may not come to know about the same. Even she was not allowed to write a letter to her parents, however, somehow she succeeded in dropping some letters to her parents with the help of playing children. She was kept in frightened condition so that she may bring a Yamaha Motor Cycle from her mother. On 15.8.1996 beatings were given to her mercilessly at Yamuna Nagar. At that time medico-legal examination of the complainant was also conducted but keeping in view her future, she did not initiate any action. On tendering of apology by accused, she agreed to go and live at Jawalapur, but the behaviour of the accused persons remained as such unchanged. She was compelled to write a postcard to her widowed mother to bring more dowry and bring a Yamaha Motor Cycle and she also expressed her apprehension regarding danger to her life. She was not allowed to use her dowry articles and was compelled to sleep on the floor. All the dowry articles and Istridhan of the complainant were misused by accused persons. The ornaments were also taken away from her, which are with Kamni wife of Avdesh Sharma and she has refused to return the same. On 14.3.1997 she was badly beaten. Her mother immediately reached Jawalapur and in order to save her life took her to Yamuna Nagar. On the next day, all the accused persons reached Yamuna Nagar in a Van and raised quarrel with complainant and her widowed mother. They forcibly wanted to take her to Jawalapur, but since her life was in danger, therefore, she was not prepared to go with them. Beatings were given to the complainant and her widowed mother. Husband of complainant caused blow on her head with some sharp edged item like an iron rod and blood started oozing out. Kamni gave danda blow on her head, but she warded off the attack and the stick (danda) hit her on arm. The matter was reported to the police but no timely action was taken. She got herself medico legally examined from Civil Hospital, Yamuna Nagar. No action was taken by the police, and in the meantime, the complainant being pregnant had to be admitted in Vishal Hospital, Yamuna Nagar, where on account of beatings given to her, death of her un-born child was caused inside the womb. The doctor aborted it. It is further alleged that the complainant is legally married to Hitesh Sharma and she has been given merciless beatings b