The main legal point established is that the husband is not entitled to retain dowry articles, especially in cases where he has been convicted for the murder of his wife.

JUDGMENT

Sukhvinder Kaur, J. - This appeal has been filed against the order dated 14.08.2015 of learned Additional Sessions Judge Fazilka, vide which the Stridhan i.e. gold ornaments and other articles given in the marriage of Shweta Singh deceased with accused-appellant Sandeep Tomar, were ordered to be released on sapurdari to Ram Naresh Singh complainant, the father of deceased Shweta Singh.

2. The brief relevant facts are that on 10.07.2013 when the Investigating Officer along with other police officials was present at Civil Hospital, Abohar, then Ram Naresh Singh, father of deceased Shweta Singh got recorded his statement to the Investigating Officer. He stated that he had solemnized marriage of his daughter Shweta Singh with Sandeep Tomar on 12.02.2013. He had given a draft of Rs.10 lacs at the time of marriage to Sandeep Tomar and draft of Rs.10 lacs at time of shagun, gold ornaments valuing at Rs.5 lacs to his parents and besides that he had given the household articles consisting of TV, Fridge, AC, Bed and furniture and had spent Rs.5 lacs on the meals, at the time of marriage. He further stated that after few days of marriage, the parents in-law of his daughter i.e. mother-inlaw Padma Tomar, father-in-law Mangal Singh and husband of his daughter Sandeep Tomar started taunting his daughter for bringing less dowry and for not bringing any vehicle in dowry and told her to bring Rs.10 lacs in cash and Duster car from her parents and otherwise they would eliminate her. When their these demands were not fulfilled, then they started asking his daughter to get transferred the plot in their name which was in the name of her parents. His daughter used to tell about it to his wife Rani on phone, but had firmly asked her not to disclose anything to the complainant (her father). On 08.07.2013 at about 4.45 PM, he talked to his daughter on the phone, who told him that Sandeep Tomar had been beating her and had been asking her frequently, that why she had not brought Rs.10,00,000/- and the vehicle and why she was not getting the plot transferred in his name. Afterwards at about 9.30 PM on the same day, his wife also talked to his daughter on the phone and his daughter apprised his wife also, regarding the above said facts and his wife then had told him about the same. He was of the firm belief that her husband Sandeep Tomar, father-in-law and motherin-law were responsible for the death of his daughter Shweta Singh and action be taken against them. From statement of the complainant prima facie offence under Section 304-B IPC was found to have been committed, which resulted into the registration of the present FIR No.126 dated 10.07.2013, under Section 304-B/34 IPC, Police Station City-1, Abohar, against the accused.

3. After trial, learned Additional Sessions Judge Fazilka, vide judgment dated 21.07.2014 convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life along with fine of Rs.10,000/-.

4. Against the above-said judgment dated 21.07.2014, the appellant filed an appeal No.CRA-D-1339-DB-2014 before this Court and the same was admitted by this Court vide impugned order dated 27.08.2014.

5. Thereafter on 20.10.2014, the complainant Ram Naresh Singh filed an application for releasing the dowry articles given by him in the marriage of her daughter Shweta Singh, which was allowed by learned Additional Sessions Judge, Fazilka vide impugned order dated 14.08.2015.

6. We have heard learned counsel for the appellant-accused and learned State counsel and have also gone through the record minutely.

7. It has been contended by learned counsel for the appellant that the impugned order dated 14.08.2015 is patently illegal, erroneous in law, against facts and evidence on record. The trial Court has erred in passing the impugned order because term 'Stridhan' literally means woman's property and it is constituted of those property, which she receives by way of gifts from her relatives, which include mos