STATE Vs. CHANDER MOHAN

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment dated 18.12.1999 passed by Sh. A. K. Pathak, the learned Additional Sessions Judge, Delhi (as His Lordship then was) acquitting the respondents Chander Mohan/husband (since deceased), Narender Pal/brotherin-law and Chander Kala/mother-in-law for an offence under Section 498A/306/34 IPC registered by P.S. Mangolpuri, Delhi vide FIR No. 123/1986 .

(2.) At the outset, it may be pertinent here to mention that Chander Mohan/husband has also expired, and therefore, the proceedings against him stands abated and the present appeal is pending against the respondents Narender Pal (brother-in-law) and Chander Kala (motherin-law of the deceased).

(3.) Briefly stated the facts of the present case are that Satwanti (since deceased) was married to Chander Mohan (since deceased) according to Hindu rites on 20.01.1984. They were blessed with a son named Lovely on 08.11.1984. On 06.05.1986, at about 12.35 p.m. both Satwanti and her son Lovely were admitted to R.M.L. Hospital, New Delhi with burn injuries. Lovely had received 100% burn injuries while as the mother Satwanti had received 80% burn injuries. Lovely succumbed to the burn injuries at about 12.50 p.m. on the same day, whereas Satwanti succumbed to burn injuries at about 2.50 p.m. on 06.05.1986 itself. At the time of receiving burn injuries, Satwanti was residing at the matrimonial home along with Chander Mohan, Narender Pal and Chander Kala. The inquest was conducted by SDM, Punjabi Bagh(Ex.PW23/F) on 07.05.1986. The dead body of the deceased was identified by her brother (Ex. PW-4/A). The post mortem was done at Civil Hospital, Subzi Mandi, Delhi by Doctor L.T. Ramani on 07.05.1986 at 4.30 p.m. In his report (Ex. PW 26/B), the doctor has opined that the death was due to shock resulting from burns which were ante-mortem in nature and caused by fire. The SDM had also recorded the statement Ex.PW2/A, Dilpat Singh, father of the deceased, wherein it was stated that he had married his daughter Satwanti with Chander Mohan on 20.01.1984 according to Hindu rites and ceremonies. It was stated by him that after the marriage, in-laws of the deceased Satwanti started beating her. Her husband Chander Mohan (since deceased) was alleged to return home from his office under the influence of liquor and at the instigation of his mother and sister, he used to beat the deceased. It was alleged by him that his daughter was being subjected to demand of dowry on various occasions, which at times were fulfilled while as, on other occasions, they were not able to muster sufficient financial sources to meet the same. It has also been alleged by Dilpat Singh that his daughter was turned out from her matrimonial home because of cruelty and the beatings meted out to her, as a consequence of which, she stayed with him. Subsequently, with the intervention of 4-5 persons from the village Mangolpuri, he went to the matrimonial house of the deceased and persuaded Chander Mohan to accept the deceased Satwanti afresh. Satwanti went back to her matrimonial home. On 06.05.1986, he received information that his daughter received burn injuries and she has been hospitalized to Willington Hospital. On the basis of the statement of the father of the deceased, the aforesaid FIR No.123/1986, under Section 302/498A IPC was registered by P.S. Mangolpuri, Delhi.