Hardev Singh vs State of Haryana

T.H.B. Chalapathi, J.

This appeal is directed against the conviction and sentences imposed by the learned Additional Sessions Judge, Kurukshetra in Sessions Judge No. 22/2 of 1986 (Sessions Trial No. 35 of 1986) dated 25.11.1986.

According to the case of the prosecution on 18.6.1985 one Jasbir Kaur, the wife of the Ist appellant was brought to Civil Hospital, Shahbad with burn injuries. She was medically examined at about 8 A.M. and the Doctor sent an intimation to S.H.O. P.S. Shahbad. Thereafter the Asstt. Sub Inspector Dalip Singh reached the Hospital and recorded the statement of the victim Jasbir Kaur. She stated that she married Hardev Singh, appellant No. 1 about one and a half years back and she was being harassed and beaten by her husband and parentsinlaw in regard to dowry brought by her and in that regard a Panchayat was also convened, but no decision was taken. While giving statement which was incomplete, she became unconscious and she was referred to P.G.I. Chandigarh, but she expired on the way. Thereafter inquest was held and a case was registered. The Asstt. Sub Inspector also recorded the statement of one Lakhbir Kaur and after the completion of the investigation, a chargesheet was filed against the accused for the offences under Sections 306 and 498A I.P.C.

On the basis of the material placed before him, the learned Magistrate committed the case to the Sessions. After committal the learned Additional Sessions Judge, Kurukshetra framed the charges under Sections 306 and 498A I.P.C. against the accused to which they pleaded not guilty.

In order to prove the guilt of the accused, the prosecution examined 7 witnesses and marked certain documents. After the closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. and stated that they were falsely implicated in this case. In defence, the accused examined one witness.

On a consideration of the evidence on record the learned Additional Sessions Judge convicted the accused for the offences under Section 306 and 498A I.P.C. All the accused were sentenced to undergo rigorous imprisonment for a period of five years for the offence under Section 306 I.P.C. and they were further sentenced to undergo R.I. for a period of three years for the offence under Section 498A I.P.C.

Aggrieved by the above said convictions and sentences, the accused preferred this appeal.

The evidence of PW1 Dr. N. D. Doda, who conducted the autopsy on the dead body of the deceased on 19.6.1986 at about 10 A.M. clearly shows that the deceased died of deep burn injuries. It is also in his evidence that the body was smelling of kerosene. The cause of death was due to extensive burn injuries which were ante mortem in nature and sufficient to cause death in the ordinary course of nature.

PW2 is a Doctor who attended the deceased when she was brought to Civil Hospital, Shahbad. He deposed that the deceased was brought to the Hospital on 18.6.1985 at about 8.05 A.M. and he found that whole of the forehead, face, ears and whole of neck were showing second to third degree burns on front of neck and there was loss of hair along midline and both sides of parietal area with patchy vesicles all over the scalp. Blackening and soot were present all over the face. There were also burns of 2nd to 3rd degree on the front and back of the trunk. Similar burns were found on the upper limbs, buttock, posterior and medial aspect of the left leg and slightly on the area of the right leg. He further deposed that he informed the Police about the deceased being brought to the Hospital with burn injuries and he gave his opinion that she was fit to make the statement. He referred her to P.G.I. Chandigarh and when the relatives of the victim expressed their inability to take her to Chandigarh, she was referred to the Hospital at Kurukshetra. It is also in his evidence that when she was being taken to the Hospital at Kurukshetra she died on the way at Pipli.

There cannot be any doubt that the deceased died due to burn injuries. The evidence of father of the deceased who has been examined as PW3 clearly shows that there was a demand for dowry and his daughter was tortured and harassed. The incomplete dyingdeclaration give by the deceased to ASI Dalip Singh, who has been examined as PW7 shows that the husband and the inlaws of the deceased were harassing her for bringing inadequate dowry. The evidence of PW4 who is the sister of the deceased also supports this version. The very fact that a Panchayat was convened also proves the fact that the deceased was harassed by her inlaws.

A reading of evidence of DW1 does not inspire any confidence. Even according to the witnesses examined by the prosecution and also it is the case of the prosecution that the deceased committed suicide by pouring kerosene on herself and set fire on herself.

On the basis of the evidence on record, I have no manner of doubt that the accused was rightly convicted for the offences under sections 306 and 498A IPC by the learned Additional Sessions. I do not find any ground to interfere with the conviction imposed on the accusedappellants and the same is hereby affirmed.

The appellant No. 2 was aged about 60 years in the year 1986. She must be now aged more than 72 years. Likewise the 3rd accused was also aged about 60 years. The incident took place in June, 1985. The accused were in custody for some time during investigation and after conviction they have also been in jail for about five months. In view of the lapse of time of nearly 14 years from the date of occurrence and also in view of the age of the accused and in view of the fact that the accused have already suffered imprisonment for more than six months, I deem it appropriate to reduce the sentence imposed by the learned Additional Sessions Judge to the period already undergone.

Subject to the modification in the sentence to the period already undergone, the appeal stands dismissed. The bail bonds of the accused shall stand cancelled.