DALBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In view of conflict of opinion in two decisions of this Court rendered in Lakhjit Singh and another vs. State of Punjab, (1994) 1 Suppl. SCC 173 and Sangara-boina Sreenu vs. State of A.P., (1997) 5 SCC 348 these appeals have been directed to be placed for hearing before a three-Judge Bench.

(2.) The accused Dr. Dalbir Singh was charged under S. 302, IPC, for having caused the murder of his wife Vimla and the two daughters Ku. Neha aged 2 years and Ku. Shruti aged 1 1/2 year on 28-3-1991. He was further charged under S.304-B, IPC for causing dowry death of his wife Vimla and also under Section 498-A, IPC for subjecting her to cruelty. The IXth Addl. Sessions Judge, Agra, by his judgment and order dated 20-3-1997 convicted him under Section 302, IPC and sentenced him to death. He was also convicted under Section 498-A, IPC and was sentenced to 3 years R.I. but was acquitted of the charge under Section 304-B, IPC. In appeal the High Court came to the conclusion that the charge under Section 302, IPC was not established and accordingly acquitted him for the said offence. The High Court also came to the conclusion that the accused was guilty under Section 306, IPC for having abetted commission of suicide by Vimla by setting herself on fire wherein her two daughters also died. But in view of the fact that no charge under Section 306, IPC was framed against the accused, the High Court, relying upon Sangaraboina Sreenu vs. State of A.P., (1997) 5 SCC 348, held that the accused could not be convicted for the said offence. The High Court noticed that a contrary view had been taken in an earlier decision in Lakhjit Singh vs. State of Punjab, (1994) 1 Suppl. SCC 173, but chose to rely upon the later decision as the settled view of the said Court was that if there was conflict of opinion in two decisions of this Court rendered by Benches of equal strength, it is the later decision which has to prevail. The conviction of the accused under Section 498-A, IPC and sentence imposed thereunder was, however, maintained. The accused Dr. Dalbir Singh and also the State of U.P. have preferred appeals against the decision of the High Court.

(3.) Dalbir Singh a MBBS Doctor, was at the relevant time posted in a Government Hospital in Almora in the hills of U.P. (now in the State of Uttaranchal). His wife and two daughters were living in a flat bearing No.9/8 Sanjay Palace, ADA Colony in the city of Agra. The accused used to come to Agra almost every fortnightly. PW-13 Jagdish Chandra Agrawal, who carries on business in Delhi, had come to Agra and was staying in flat No. 1/3 with Shri Narendra Dhar in the same colony. At about 10.30 a.m. on 28-3-1991, after hearing a commotion, he came out and saw smoke coming out from a flat situate on the second floor. He went there and found that the outer door of flat was closed but it got opened after some pressure had been exerted. He along with others entered the flat and found a badly burnt girl lying on the sofa. In the inner room there was smoke and a badly burnt body of a lady and her daughter were found on the double bed. He along with another person then went to PS Hari Parwat and gave information about the incident to the Head Constable who asked him to give the same in writing which he did. PW-1 DK Jain who lived in the adjoining flat also went inside the flat of the accused along with other persons and had seen the body of the elder daughter on the sofa and the bodies of Vimla and younger daughter on the double bed in the inner room. PW-8 Raja Ram Pal Inspector of PS Hari Parwat immediately reached the scene of occurrence and by that time the Fire Brigade had already arrived and efforts were being made to extinguish the fire. He went inside the flat, saw the bodies of the three victims and also a cooking gas cylinder at a distance of about one and half feet from the double bed. In the same room a diary was found on the dressing table and on three pages thereof bearing the dates 29th to 31st March, a letter had been written by the deceased Vimla by red pen. This letter has an important bearing in the case and we will refer to it later on. The ceiling fan, the walls and the roof of the room had become black on account of smoke. The investigation of the case was done by PW-14 Pramod Kumar Mishra, Dy. S.P. who took in his possession the gas cylinder with regulator, diary, a kerosene lamp, burnt portion of some clothes and quilt etc. After recording statement of witnesses he submitted charge-sheet against the accused on 21-6-1991. The learned Sessions Judge framed charges under Sections 302, 304-B and 498-A, IPC against the accused who pleaded not guilty and claimed to be tried. In the course of trial the prosecution examined 16 witnesses and filed some documentary evidence. The accused also examined 6 witnesses in his defence.