State of Punjab vs Anil Kumar

J.B. Garg, J.—Anil Kumar, the husband has been acquitted for the offence u/s 306 of the Indian Penal Code by the Additional Sessions Judge, Amritsar on 19.11.1986 and aggrieved against it, the present appeal has been attempted by the State of Punjab.

Briefly, the story of the prosecution is that Anil Kumar and Renu Bala were living in houses in front of each other in the same street in Gall Dhobian at Amritsar and they developed intimacy. On 14.8.1985, the marriage was performed by the parents of the girl at the premises of Sat Narain Mandir, Lahori Gate, Amritsar, Scarcely six weeks after the marriage at about mid-day on 29.10.1985, Raj Kumar aged 13, a younger brother of Renu Bala came home and informed that Anil Kumar was harassing Renu Bala and she was crying. On receipt of this information, Roop Rani, the mother went to the house of the in-laws of her daughter and noticed Renu Bala weeping. On enquiry, Renu Bala replied that the cause of dispute was the same in as much as there was demand for money but Roop Rani consoled and promised that further arrangements would be made on or after ensuing Diwali. Renu Bala and her husband Anil Kumar went up stairs. After a short while shrieks were heard from the kotha and Sudarshan Bhandari, a tenant of complainant informed that Renu Bala was burning and her husband Anil Kumar was standing nearby. It was on receipt of aforesaid alarm that the complainant Walaiti Ram, the father reached the premises in question and put out the fire and Anil Kumar continued seeing them. Walaiti Ram brought her to the Civil Hospital with the help of this son. It has been alleged by the complainant father that Anil Kumar, the husband compelled his daughter to sprinkle kerosene oil on her and to put an end to her life. Renu Bala died at 6.00 A.M. on 30.10.1985. It was within six weeks of the marriage.

P.W.I. Dr. Jaspal Singh of Civil Hospital Amritsar conducted postmortem examination on the dead body of Renu Bala on 30.10.1985 and the burns noticed by the aforesaid Medical Officer have been described by him as under :-

"Burns :-

Burns of first and second degree present on the whole of the face neck, front and back of whole of trunk, front and back of whole of both upper limbs, including both hands front and back of both lower limbs including the dorsum of both the feet and perirenlarea; The burns were ante mortem and death was due to shock as a result of extensive burns; The post-mortem report is Ex. P.A. P.W. 2 Dr. Rakesh Tiwari, Medical Officer, [Civil Hospital, Amritsar first of all examined Renu Bala at 4.50 P.M. on 29.10.1985 and he found that there were first and second degrees burns on face, neck, front and back of chest, and abdomen, and also both arms and both eyes. These were also noticed on the front of hair eye lashes, eye brows and axillary hair. There was blackening present over the body and smell of kerosene was also coming from the body which was naked. The medico legal report which was recorded by him is Ex. P.F. P.W. 3 is Rishi Ram, Draftsman who prepared the site plan Ex. PL. P.W. 4 is Rakesh Kumar, Photographer who took the snaps P-6 to P-18.

P.W. 5 Prem Chand is the Accountant of Shri Sat Narain Mandir, Lahori Gate, Amritsar and said that the Janj Ghar was booked on 13.8.1985 at the instance of Walaiti Ram P.W.

P.W. 7, is Walaiti Ram, the father aged 58 years and owner of a Saw Mill at Gali Dhobian, Amritsar. He has said that he had as many as 7 Children. He had married Renu Bala on 14.8.1985 to Anil accused at Sri Sat Narain Mandir Lahori Gate, Amritsar as desired by the two. After the marriage, the accused started harassing his daughter and he wanted that she should bring a Tape Recorder and T.V. and he had actually arranged these items 7/8 days prior to her death. The husband was not satisfied and he was demanding a further sum of Rs. 20,000/- about which he had told that he was not immediately in a position to arrange that much cash but this demand was also likely to be fulfilled within a few days and such a promise was made by him in the presence of his own sons Ashok Kumar and Vijay Kumar. On the day in question, Raj Kumar one of his son aged 13 years informed his mother that Anil Kumar was noticed enraged towards his wife Renu Bala at about 12 noon. On receipt of this information, his wife went to the premises of the accused and had promised that effort would be made to meet the demand of Rs. 20,000/- as well shortly on or after Diwali but thereafter, his daughter and her husband proceeded up-stairs and a little later, he came to know that his daughter was ablazed. He picked up a Durri which was lying in the room of the accused and wrapped Renu Bala and in this process, he was assisted by his son. Thereafter, Renu Bala was shifted to the Civil Hospital. In cross-examination, he has disclosed that he was not happy with the choice of her daughter but had ultimately reconciled and arranged the marriage on such a date and month which suited the accused because one of his brothers who had come from abroad wanted to go back early. He has said that the receipt in respect of T.V. and Tape Recorder which he purchased for Renu and her husband were not demanded by the Investigating Officer from him. He has denied that the deceased was not happy with their alleged behaviour or they had started disliking her after the aforesaid marriage. The Kirya Ceremony was however arranged at the premises of the accused as proposed by the husband of the deceased.

P.W. 13 Roop Rani, the mother of the deceased has also corroborated the version in entirety. She has said that Anil Kumar had been asking Renu Bala to bring Rs. 20,000/- Her husband and her sons were unable to arrange the amount immediately and wanted more time. But the accused started maltreating Renu Bala. When she appeared in the Court as a witness obviously on a subsequent date, she also produced receipts regarding purchase of T.V. and Tape Recorder. She has also said that Sudarshan Kumar one of their tenant had first of all shouted that Renu Bala was ablaze and that Anil Kumar was standing nearby. It was on receipt of this information that they had rushed to the premises and fire was put out by the complainant-father and Renu Bala was taken to Government Hospital where she died the next day. She did not kaow how many attempts were made by the police to record the statements of Renu Bala. She has denied that they did not go to the premises of the accused. She did not know when actually the father of Anil Kumar retired from the Police Department. She has denied that on an earlier occasion, Renu Bala had consumed Copper Sulphate prior to her marriage with the accused. She has denied that she came to the hospital after a long time on learning about the occurrence. She has denied that she was annoyed with the accused for having married (Renu Bala) against their wishes and that a story has been concocted to get him challaned in this case.

P.W. 14 is Iqbal Singh, Constable who brought back a copy of the F.I.R. to the Sub-Inspector from the MHC of Police Station ''D'' Division.

P.W. 15 Inderjit, Sub-Inspector of Police Station ''D'' Division, Amritsar. He had reached hospital at 2.15 P.M. on 29.10.1985 and the Medical Officer opined that Renu Bala was not fit to make a statement. Similar opinion was communicated by the Medical Officer at 5.25 P.M, as well. The accused was arrested by him on 30.10.1985. He has denied that the F.I.R. was recorded on the following day of that this was the reason that the Section of the Indian Penal Code mentioned on the body of the F.I.R was 305. He had denied that he did not try to apprehend the accused immediately or that there was no allegation against the husband.

The statement of the accused recorded u/s 313 Cr.P.C. is reproduced as under :-

"I am innocent. I am read upto 6th standard and am on unemployed youth since long. My father retired as a Head Constable about 7/8 years ago and as such my family Is a poor family, whereas deceased Renu Bala who was a young girl and had done her higher secondary was living opposite to my house. Her father owned give shops besides one Saw Mill. Her four brothers were also nicely placed in business and theirs is a rich family. I developed illicit relations with Renu Bala and this came to the knowledge of her family. They stopped Renu Bala from going to College because of her affairs with me and as such she could not study beyond Higher Secondary. Once or twice her parents tried to marry her off to some well-to-do person but on one occasion she took copper sulphate to commit suicide. The parents of the deceased did not cherish her meeting with me but to save family''s honour, they decided suddenly to perform her marriage with me and as such she was married to me about 2/3 months prior to this occurrence. It was a very simple marriage performed in the Mandir in three clothes and after marriage her parents, stopped meeting or talking to Renu Bala. Once or twice I and Renu Bala tried to go to the house of her parents but they did not let us enter and told us that to them Renu Bala was dead for all intents and purposes. Renu Bala who was of immature age took to her heart the cruel treatment/attitude of her parents towards her as she used to miss them too much but they were not relenting and were not prepared to talk with her. This call our attitude of the parents of Renu Bala towards her is responsible forth is untoward incident. None from the family members of Renu Bala participated in her cremation or her Kirya ceremony or other last caremonies. I have been falsely involved because the complainant through that I had brought disrepute to their family by marrying Renu Bala."

It is undisputed and admitted fact that the marriage took place on 14.8.1985 and Renu Bala died within two months and 2 weeks of the aforesaid marriage and that too on account of the extensive burns and in the premises of her in-laws. The husband had not studied even upto the middle standard and he was probably trying to learn job as a Silver Smith. The father-in-law of the deceased was retired police official. The parents of the girl possessed several shops and a few buildings and the accused had been pressing the wife to bring valuables and the money as well. The parents supplied one T. V. and Tape Recorder too; as regards cash of Rs. 25,000/- they were post-poning it. It was not liked by the husband. Sudarshan Bhandari was allegedly the first person who had also noticed Renu Bala ablaze was a tenant of the complainant and the mere fact that he has not been examined weighed upon the Trial Court in arriving at a finding of acquittal. The mere non-production of Sudarshan Bhandari cannot be considered to be a circumstance to exonerate the husband who in the circumstances of the case married Renu Bala not so much on account of love but certainly because her father Walaiti Ram was resident of the vicinity and even according to the version of the accused, this Walaiti Ram owned as mony as five shops and one Saw Mill. The accused was more interested in money and less in the affection which the girl who had fell in prey, in fact deserved.

The parents of Renu Bala were residing in a house in front of that occupied by Anil Kumar since long. Renu Bala had several brothers and sisters. It was quite natural that when something abnormal was noticed in the premises of the accused, a youger brother and thereafter the mother and thereafter the father and several other members of the family were attracted. It is not a case that the accused was not in the premises or in the town. P.W. 15 Inderjit Sub-Inspector had specifically deposed that the father, the mother and the two brothers of Renu Bala were present in the Hospital and he reached there at 2 P.M. on 29.10.1985. The Investigating Officer has denied a suggestion that there was no allegation against the husband. The mere fact that D.W. 2 Bimal Kumar who is a Clerk in the Municipal Corporation, Amtitsar and a cousion of the accused was also present at th3 time of the cremation and that the entry in the Register of the Cremation Ground bore his signatures did not absolve the accused of the charge framed against him.

Thus it is a case where the greedy unemployed young boy mislead a girl living in front of his house. The husband had been demanding valuables and cash and this demand remained dissatisfied compelling the wife to put an end to her own life by burns within ten weeks of the marriage in the premises of the husband, the son of a retired police official. The: case of the prosecution u/s 306 of the I.P.C. is well established. The appeal is accepted. The acquittal recorded by the trial Court is set aside. Anil Kumar is hereby sentenced to undergo R I. for a period of seven years. Crl. Revision No. 744 of 1987 preferred by Walaiti Ram Complainant also stands disposed of.