SHAKUNTLA Vs. STATE

JUDGEMENT

(1.) THE appellant is aggrieved by a judgment and order of the learned Additional Sessions Judge, Delhi, dated 6th May, 1998 in SC No.25/1997whereby she was convicted for the offence punishable under Section 302 IPC and directed to undergo imprisonment for life, and pay fine.

(2.) THE brief facts of the case are that Dalbir Singh (son of accused Shakuntla) married Yashoda (the deceased) in 1981. However he was not treating her well. It is the case of the prosecution that Dalbir Singh and the accused used to harass the deceased and give her beatings and used to taunt her that she had not got any dowry. They even used to threaten her by saying that they would kill her. Dalbir Singh and the accused used to mistreat her and would also taunt her about not being able to conceive; they used to tell the deceased that they would kill her and throw her body away and her (deceased's) father would not be able to do anything about it. It was further the case of the prosecution that on 22.07.1992 at about 01:10 PM a wireless message was received at the police control room stating that a woman had burnt due to bursting of a gas cylinder at Gali No. 21, Sad Nagar Colony, Palam; DD No. 23 (Ex.PW-15/A) was recorded. The deceased was taken to Safdarjung Hospital and DD No. 26 (Ex.PW-8/A) was recorded stating that the lady with 100% burns was admitted to Safdarjung Hospital. Information was received from the hospital that the woman who had been admitted with burns had passed away; DD No.35 (Ex.PW-10/A) was recorded. The rukka was prepared by SI Mehar Singh (PW-19) and FIR was got registered. It was further the case of the prosecution that from the spot one oil container, match- box (containing 5 unburnt matchsticks), burnt match-sticks and burnt pieces of clothes were seized by seizure memo Ex.PW-16/A. After the completion of investigation charge under section 506 IPC was framed against Dalbir Singh and a charge under section 302 IPC was framed against the accused Shakuntla. The accused pleaded not guilty and claimed trial. Accused Dalbir Singh was acquitted. However accused Shakuntla was convicted under Section 302 IPC and was sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 2000/-.

(3.) THE prosecution examined PW-1 Raghunath Sharma (father of the deceased), PW-2 Smt. Subhadra (mother of the deceased), PW-4 Belam Singh (uncle of the deceased) and PW-5 Jatti Singh (brother-in-law of the deceased) to establish that the accused used to harass and torture the deceased due to inadequacy of dowry. All the 4 witnesses deposed that the accused along with her son (husband of the deceased) used to harass the deceased and used to taunt her. The accused and her son used to give the deceased beatings and torture her; they even threatened to kill her. PW-4 stated that the deceased was harassed by not being fed. PW-1 and PW-2 deposed that the deceased used to write letters to them about the appellant's behavior (however they were not able to produce any of those letters). The witnesses further deposed that the deceased was being harassed due to inadequacy of dowry.