MOHAN PARSAD Vs. STATE

JUDGEMENT

(1.) Ms. Babita, daughter of Mr. Ram Vichar Parsad, married one Mr. Jag Lal Parsad in May 1994. Within six months, i.e. on 24/10/1994, in the dead of night, she was found burnt. Ms. Babita (hereinafter referred to as the 'deceased') was brought to Safdarjung Hospital, New Delhi, She, however, could not survive and succumbed to the burn injuries. The appellant Mr. Mohan Parsad, who is the brother of the deceased's husband Mr. Jag Lal Parsad, his father Mr. Paras Nath and mother Mrs. Dhanweshwari Devi, were accused of murdering the deceased. Their defence was that she immolated herself and, thus, committed suicide. The trial court, vide its impugned judgment dated 29/1/1997, has accepted the prosecution version partially, thereby convicting only Mr. Mohan Parsad under Section 498-A and Section 302 of the Indian Penal Code, 1860 (for short, IPC). Mrs. Dhanweshari Devi and Mr. Paras Nath have been let off giving them the benefit of doubt. The appellant is sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 1,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for six months for the offence under Section 302 IPC. For commission of offence under Section 498-A IPC, rigorous imprisonment of two years and a fine of Rs.500.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months is imposed. The Additional Sessions Judge (ASJ) has also made it clear that both the sentences shall run concurrently. This appeal is directed against the aforesaid judgment and sentence.

(2.) Before proceeding to take note of the submissions, on the basis of which findings of the learned trial court are assailed, we deem it appropriate to take note of the facts in brief, as disclosed by the prosecution as well as the findings of the trial court.

(3.) The deceased's husband Mr. Jag Lal Parsad was in service and posted out of Delhi. Therefore, after marriage, he generally remained outside to attend to his job. The deceased, however, was staying in the matrimonial home in Delhi along with her husband's brother (the appellant herein), her mother-in-law and father-in-law. As per the prosecution, these three persons started harassing the deceased and demanded Rs.50,000/- from her and that once the appellant also went to the house of the father of the deceased and demanded Rs.50,000/- He also told her father that if the amount was not paid, then the deceased's life would be in danger. But the father of the deceased could not pay the said amount. On 24/10/1994, the father of the deceased went to the house of the accused persons and on demand of Rs.50,000.00, he told them that he is not in a position to pay them this amount, on which the accused persons threatened that if the amount was not paid, the life of his daughter will be in danger. On that night, i.e. one day before the fateful night, the father of the deceased stayed at the house of his friend Mr. Ramji Lal. On the next date, i.e. on 25/10/1994, the appellant came to the house of Ramji Lal and informed the father that his daughter was burnt. Further, on hearing this new, the father of the deceased went to the house of accused persons, where it was learnt that the injured was removed to the hospital and after reaching the hospital, the deceased told her father, in the presence of Ramji Lal, that since he could not pay Rs.50,000.00, after he went away, the accused persons poured kerosene on her and set her ablaze.