An Analysis of Bansi Lal V. State of Haryana for Common Law Method

1460 WordsApr 10, 20136 Pages
Concrete Facts Facts and circumstances giving rise to this case are as follows: • The appellant: Bansi Lal • The respondent: State of Haryana • The appellant was married to Sarla (deceased) on 4th April, 1988 • An FIR was lodged by Shyam Lal (PW.4) father of Sarla (deceased) on 25th June, 1991 making allegations that the appellant, his mother, brother and sister-in-law had consistently harassed his daughter Sarla (deceased) by making dowry demand i.e. a scooter. • Sarla had been subjected to cruelty, harassment by demand of dowry to the extent that she committed suicide on 25th June, 1991, at her matrimonial home. • After investigation of the case, the prosecution filed the charge sheet against the appellant and his mother Smt. Shanti Devi. • On 17th May, 1995, the learned Sessions Judge summoned the other two accused Ashok Kumar, brother and Smt. Shakuntala, sister-in-law of the appellant and charges were reframed against all the four accused. • The accused persons denied all the allegations against them and set up the defence that Sarla was in love with someone else and felt suffocated being married to Bansi Lal which eventually led to her suicide. • The accused Ashok Kumar (A.3) and Shakuntala (A.4) pleaded that they had been living separately from the appellant and his mother and they had no involvement so far as the demand of dowry was concerned. • After considering the entire evidence on record and the submissions made by the prosecution as well as defence, the trial court convicted the appellant and his mother Smt. Shanti Devi under Sections 498-A, 304-B and 306 IPC. • The court acquitted Ashok Kumar and Shakuntala of all the charges against them. The Trial Court did not award any separate sentence under Section 306 IPC. • Shri Mahabir Singh, learned senior counsel appearing for the appellant, has submitted that no

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