SHAKUNTALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentence of imprisonment for life as awarded by the learned Sessions Judge, Rohtak in Sessions Case No.31 of 1997.

(2.) The appellant was charged for offences punishable under Sections 498-A, 304-B and 302, IPC. The trial Court found the accused guilty of offence punishable under Section 302, IPC while acquitting her from the other charges.

(3.) Background facts in a nutshell are as follows: Suman (hereinafter referred to as the deceased) daughter of Balbir Singh had been married with one Bikram Singh son of accused-appellant, resident of village Kabulpur about two years prior to the incident. At about 9.00 a.m. on 6th April, 1997, the deceased and the accused had a quarrel over the inadequate dowry brought at the time of the marriage. As the deceased was fed up with the daily squabbles, she picked up a can of Kerosene oil to scare her mother-in-law-the appellant with an intention to keep her quiet, but the appellant on the contrary, took out a match box and set the deceased on fire and having done so ran out of the room calling out that deceased had set herself on fire. The villagers, who had collected there on hearing the noise, rushed her to the P.G.I.M.S., Rohtak, A ruqa sent to the police post, brought ASI Om Parkash (PW-7) and after collecting the medico-legal report from the hospital, he moved an application before Dr. Ranbir Singh (PW-5) who certified her to be fit to make a statement. Shri A.K. Singhal, JMIC, Rohtak (PW-6) was brought to the hospital, who recorded her statement and on its basis, the formal F.I.R. was registered at 4.45 p.m. on 6th April, 1997 initially for offences punishable under Section 307, IPC but on Sumans death on 11th April, 1997, the offence was converted to one under Section 302, IPC. On completion of the investigation, the accused was charged for offences punishable under Sections 498-A and 304-B, IPC and in the alternative for an offence punishable under Section 302, IPC and as she pleaded not guilty, was brought to trial.