Radha Rani and Another vs State of Haryana

S.S. Saron, J.—Learned State counsel has filed affidavit dated 19.3.2012 of Shri Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal, mentioning the period of imprisonment undergone by applicant/appellant No. 1-Radha Rani. The same is taken on record. Heard learned counsel for the parties.

The criminal Miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicant/appellant No. 1-Radha Rani, during the pendency of the appeal.

The FIR in the case has been registered on the basis of dying declaration (Ex.PV) of Smt. Manju (deceased) before learned Chief Judicial Magistrate, Panipat.

On 05.03.2008, according to the said dying declaration (Ex.PV), it has been alleged that her father in law (appellant No. 2), mother in law Radha Rani (applicant/appellant No. 1) and two sisters in law Lalita and Viran used to torture her from the very beginning for bringing more dowry articles. Her husband, however, was on her side. It is alleged by Smt. Manju (deceased) that on 04.03.2008, her husband was at home. Her father in law Guru Ditta (appellant No. 2), mother in law Radha Rani (applicant/appellant No. 1) and two sisters in law Lalita and Viran were quarreling with her. Both the sisters in law and mother in law (applicant/appellant No. 1) poured kerosene oil on her and set her on fire. In the meantime, her husband entered the room and tried to rescue her and in the attempt, he had also received burn injuries. She wanted legal action against her mother in law (applicant/appellant No. 1), father in law (appellant No. 2) and two sisters in law namely Lalita and Viran. On the statement of Smt. Manju (deceased), FIR under Sections 498-A, 307 read with Section 34 IPC was registered. The condition of Smt. Manju (deceased) became serious and she was referred to Safdarjang Hospital, New Delhi. There, on 09.03.2008, she made another dying declaration (Ex.PK) before the Executive Magistrate. In the second dying declaration (Ex.PK) it was alleged by Smt. Manju that on 04.03.2008 at about 2.40 p.m., she put kerosene oil on herself and set herself on fire as she was fed up with the maltreatment given by her father in law (appellant No. 2), mother in law (applicant/appellant No. 1) and two sisters in law. Her husband tried to put a quilt on her and also tried to extinguish the fire with water and in such attempt he also suffered burn injuries. Smt. Manju died on 10.03.2008 and the FIR was altered to that u/s 306 read with Section 34 IPC.

There are admittedly two dying declarations. Ex.PV made before learned Chief Judicial Magistrate, Panipat and Ex.PK made before the Executive Magistrate at Delhi. The effect of the same are to be gone into and considered at the time of final hearing of the appeal. The applicant/appellant No. 1 Radha Rani herself had suffered about 5% burns which according to her learned counsel, was on account of the fact that she had tried to save Smt. Manju (deceased) when she caught fire. This aspect would also require consideration.

In terms of the affidavit of Shri Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal, the applicant/appellant No. 1 Radha Rani has undergone imprisonment of 3 years, 10 months and 12 days as on 19.03.2012. This includs the period of imprisonment of 2 years, 7 months and 23 days post conviction.

Keeping in view the two dying declarations Ex.PV and Ex.PK made by Smt. Manju (deceased) which are required to be considered and also the period of imprisonment undergone by the applicant/appellant No. 1 Radha Rani, it would be just and expedient to suspend the sentence for imprisonment of the applicant/appellant No. 1, during the pendency of the appeal. Accordingly, the criminal Miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No. 1 Radha Rani, during the pendency of the appeal shall remain suspended subject to her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Panipat.