LAWS(SC)-1972-10-30

BHAGWAN KAUR Vs. MAHARAJ KRISHAN SHARMA

Decided On October 25, 1972
BHAGWAN KAUR Appellant
V/S
SHRI MAHARAJ KRISHAN SHARMA Respondents

JUDGEMENT

(1.) Maharaj Krishan Sharma (34) and his mother Shanti Devi (55) were convicted by the Additional Sessions Judge Delhi under Section 302 read with Section 34 Indian Penal Code on the allegation that they caused the death of Shanti Devi alias Prem Lata (25), wife of Maharaj Krishan accused, by forcibly pouring sulphuric acid in her mouth, and were sentenced to undergo imprisonment for life. On appeal the Delhi High Court acquitted the two accused by giving them the benefit of doubt. The present appeal was thereafter filed by Bhagwan Kaur, mother of Shanti Devi deceased, by special leave against the acquittal of the two accused respondents.

(2.) The prosecution case is that Shanti Devi deceased was the daughter of PW 5 Dayal Das, Sub-Inspector CID of Delhi. The deceased was married to Maharaj Krishan accused, who is a science teacher in a Delhi school, on February 20, 1963. The accused, it is stated, did not feel happy with the dowry brought by the deceased. The relations of the deceased with her husband became strained and the deceased complained of ill-treatment by the two accused. On account of the strained relations the deceased on occasions would go to her father's house and stay there for some time, but as it was she would again come back to the house of the accused. A report was also once lodged with the police by the deceased against the accused for ill-treatment. In May 1964 Maharaj Krishan accused obtained a writing from the deceased in which she stated that she wanted divorce.

(3.) Maharaj Krishan accused also ran a private college known as N.C. College at his residence in C/96, New Rajinder Nagar, New Delhi. On January 13, 1965 Hanuman Singh peon of that college purchased for the college from the shop of Lajpat Rai (PW 10) one quart of sulphuric acid with a concentration of 98.9 per cent in a bottle.