LAWS(DLH)-1994-1-23

SHANTI BEHAL Vs. STATE DELHI ADMINISTRATION

Decided On January 20, 1994
SHANTI BEHAL Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) Renu, the deceased and Jagdish Behal were married on 28th November, 1985. Shanti Behal is the mother-in-law of renu being mother of Jagdish Behal.

(2.) Briefly, the case set up by the prosecution is that four or five days after the marriage Jagdish made a demand of Rs. 20,000.00 from the father of Renu to purchase colour Television and a Scooter. When the father, Mangal singh expressed his inability to pay the amount Jagdish told him that if he did not pay that amount, his mother Shanti would not allow him to keep Renu in the house. Mangal singh did not tell 300 the fact of demand made by Jagdish to his daughter, Renu. On her visit to the parents' house at Ghaziabad Renu told them that on several occasions accused persons were giving beating to her and their behaviour towards her was cruel. On 2nd June, 1986 Jagdish left Renu at the house of her parents where she stayed for about three months. Renu was reluctant to go with Jagdish on account of ill treatment. The parents of Renu, however, prevailed upon her and she was sent with Jagdish to her matrimonial house on 30th August, 1986.

(3.) The incident of burning took place on 4th September, 1986 in the house of the accused persons at House No.C-405, Vikaspuri, Delhi, at about noon time. At that time only Renu and Shanti were in the house. Promila, sister-in-law of Renu, being wife of the elder brother of Jagdish, at the time of the occurrence had gone out of the house to purchase some medicines. She,however, came back to the house soon thereafter. Renu was taken to Safdarjung Hospital by the Police and Promila. They reached the hospital at about 1.30 PM. Dr.D.K.Aggarwal, inter-alia, recorded in the MLC that patient told him that her mother-in-law poured kerosene oil over her body and set her on fire at about 12.15 p.m. and that her mother-in-law and husband used to maltreat her and at the time of Hie incident nobody was at home except her mother-ill-law. Mr.D.P.Dwivedi, Executive Magistrate recorded the statement of Renu at 5.30 p.m. In the statement she again slated that her mother-in-law Shanti poured kerosene oil on her and set her on fire. On recording of statement by Mr.Dwivedi, the Rukka was despatched at 5.40 p.m. and the FIR was registered at Police Station Vikaspuri, Delhi, at 6.35 p.m. Renu succumbed to her injuries on 17th September, 1986 at 1.45 p.m. Two letters written by Renu to her parents were also produced before the Police indicating that she apprehended danger to her life. One of the letters bears the postal stamp dated 3rd September, 1986 and the other letter seems to have been written about a day earlier.