BRIJ LAL Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Brij Lal and Kanta Devi, a married couple, challenge in revision the order of the trial court directing that a charge be framed against them for an offence under Section 306 read with Section 34 Indian Penal Code, of abetment of suicide by Durga Devi, mother of Brij Lal. The victim died of self-immolation and the petitioners were sent up for trial, on the basis of two dying declarations, on the allegations that the petitioners were guilty of "abetting" suicide by "ill-treatment", "neglect", "humiliation" and even a suggestion that she should "die by drowning in Yamuna". It is an unusual case of mother-in-law having been allegedly driven to put an end to her life on account of maltreatment by the son and the daughter-in-law. It is, in a sense, a case of "reverse" maltreatment of a mother-in-law in which the son allegedly colluded or actively participated.

(2.) Durga Devi was living with the couple. She was 64 years of age. On February 12, 1983, she committed suicide. The couple must have been married mure than 10 years ago because, according to one of the two declarations, the victim had been living with them for the "last 10 years". Durga Devi, who died in hospital on the morning of February 14, 1983 had made two dying declarations. She is alleged to have set fire to her clothes at about 2.30 A.M. She was in the hospital by 4 a.m. The first declaration was made before the attending doctor and was attested by a Sub-Inspector of Police. It was recorded in Hindi. There is no mention of the time but it must have been recorded between 4 a.m. and 8.55 a.m. on the date of the incident. This is how its free English translation runs :-

(3.) I have heard learned counsel for the petitioners and the Administration. On the rival contentions, following 4 questions arise :