LAWS(DLH)-2013-9-289

PREET PAL SINGH Vs. STATE OF DELHI

Decided On September 20, 2013
Preet Pal Singh Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) Preet Pal Singh (the appellant) challenges a judgment dated 29.08.2002 in Sessions Case No. 42/2001 arising out of FIR No. 453/2000 under Sections 498A/306 IPC PS Ambedkar Nagar by which he was held guilty for committing offence under Section 306 IPC. By an order dated 01.10.2002, he was sentenced to undergo RI for five years with fine Rs. 500/-.

(2.) Allegations against the appellant Preet Pal Singh were that he used to treat Pinky (his wife) with cruelty during her stay at House No.C-11, Raju Park, Debli. On 26.11.2000, he abetted Pinky to commit suicide by uttering words "marke dikha". Pinky poured kerosene oil on her body and put herself on fire. Preet Pal Singh did not take her to hospital and fled the spot. The police machinery was set in motion when Daily Diary (DD) No. 21 was recorded at 07.45 P.M. at Police Post Madangir about admission of Pinky in burnt condition at Safdarjang Hospital. The investigation was assigned to SI Kalu Ram who with Const.Upender went to the hospital. He informed Sh. Amar Singh, SDM to record her statement. Sh. Amar Singh, SDM recorded her statement (Ex.PW-1/A) and directed the Investigating Officer to lodge First Information Report under Section 498A IPC. Pinky succumbed to the injuries on 03.12.2000. Post-mortem examination on the body was conducted. Statements of the witnesses conversant with the facts were recorded. The appellant surrendered in the Court on 09.06.2001. After completion of investigation, a charge-sheet was submitted in the Court. The appellant was duly charged and brought to trial. The prosecution examined ten witnesses to prove the appellant's guilt. In his 313 statement, the appellant pleaded false implication. The Trial Court, after appreciating the evidence and considering the rival contentions of the parties, found the accused guilty of offence under Section 306 IPC only. It is relevant to note that State did not challenge his acquittal under Section 498A IPC.

(3.) Pinky was earlier married to Gopal Singh in 1995 and was blessed with a daughter. Due to some differences, she left her matrimonial home and came at her parents' home. After some time, she took a house on rent and started living separate. The marriage with Gopal Singh was not dissolved and no divorce was obtained. It appears that she had live in relation with Preet Pal Singh. In her dying declaration (Ex.PW-1/A), she claimed herself Preet Pal Singh's wife after marriage with him in March, 2000. The Investigating Officer, however, could not collect any cogent and reliable evidence to establish if there was any valid marriage in existence between the two. PW-2 (Kishan Bahadur), her father was not aware of any such marriage. Dying declaration (Ex.PW-1/A) reveals that she had not taken into confidence her parents and had voluntarily entered into a relationship with Preet Pal Singh. PW-5 (Inder Singh), her landlord confirmed that the room was rented to her about two or two and a half months prior to the occurrence. PW-4 (Usha) and PW-5 (Inder Singh) were not having any knowledge if there was relationship of husband-wife between the two.