MISRI DEVI Vs. STATE

JUDGEMENT

(1.) On 25th August, 1987, an information was received at P.S. Lahori Gate that a woman namely Nirmala Devi has set herself on fire by pouring kerosene oil at House No. 164, Chatta Bhawani Shankar. The woman was removed to JPN Hospital in PCR van and on the way Nirmala Devi told H.C. Dalley Ram that her father-in-law, mother-in-law and brother-in-law (Dewar) Crl. Appeal No. 145/2001 Page 2 of 12 used to harass her for bringing television and fridge in dowry and so she put herself on fire. In the hospital as Smt. Nirmala Devi was conscious her MLC was prepared wherein she gave the history herself as She poured kerosene oil over herself and she lit fire . She also stated that she was being forced upon by her in-laws to commit suicide. On 26th August, 1987 at 4.00 P.M. the Executive Magistrate Shri U.C. Sarangi PW6 recorded the statement of Nirmala, Ex. PW6/A which reads: That I was married to Satya Narain in the year 1983 (Oct./Nov). That I do not have any issue. I live with my husband, in-laws (Hari Parshad Khandelwal & Smt. Misri Devi), brother-in-laws Raj Kumar & Rajesh Kumar. On 25.8.87 at 8.00 P.M. I was scolded by my in-laws. Since my marriage, I have been harassed by my in-laws, for want of bearing issue and in veiled manner about dowry. My husband used to make me write dirty letters. I was not allowed any freedom in the house and my every act was criticized. Even my expenditure led to criticism and scolding. In sheer disgust I told my in-laws that I will commit suicide-you give me kerosene. They gave me kerosene and I poured it over my body. My father-in-law set fire to me. I lost my consciousness and found myself in hospital. I hold my in-laws responsible for burning me. Even yesterday i.e. 25.8.87 in the morning I went to Police Station Lahori Gate and reported the fact about harassment being meted to me by my in-laws. The matter was patched up and I came back home. Once again I repeat that my in-laws were harassing and illtreating me.

(2.) On the statement of Smt. Nirmala Devi, PW6 directed the registration of the case under against father-in-law, mother-in-law, husband and both the brothers-in-law. On 29th August, 1987 Crl. Appeal No. 145/2001 Page 3 of 12 Smt. Nirmala Devi died in the hospital. The postmortem Doctor opined the cause of death to be Septicaemia consequent upon infected burn . After investigation a charge sheet was filed under Section 302/498A IPC against all the accused persons, that is, Hari Prasad (father-in-law), Misri Devi (Mother-in-law), Satya Narain (Husband), Raj Kumar and Rajesh Kumar (Brothers-in-law, Dewar). The learned ASJ framed charges under Section 498A/304BIPC against all the accused persons and also a separate charge under Section 302 IPC against Hari Prasad. During the pendency of the trial accused Hari Prasad died. After recording the prosecution evidence, the statements of the accused under Sec. 313 CrPC and the defence evidence, the trial court acquitted Satya Narain, husband of the deceased and convicted Misri Devi, the mother-in-law, Raj Kumar and Rajesh Kumar, the two brothers-in-law for offences punishable under Section 498A/304B IPC.

(3.) The present appeal was filed by Misri Devi, Rajesh Kumar and Raj Kumar challenging their conviction under Section 498A/304B IPC and sentence of Rigorous Imprisonment for 7 years under Section 304B IPC and RI for 3 years and a fine of '3,000/- each under Section 498A IPC. The sentence of the Appellants was suspended during the pendency of the present appeal. Before the appeal could be finally heard the Appellant No. 1 Smt. Crl. Appeal No. 145/2001 Page 4 of 12 Misri Devi expired on 29th July, 2010. Thus, the two Appellants before this Court now are the two brothers-in-law of the deceased.