STATE Vs. RAJ RANI

JUDGEMENT

(1.) THIS is a State appeal directed against the judgment acquitting the respondents Raj Rani (since deceased), Kishan Lal and Krishanwanti (since deceased) in Sessions Case No. 421/88 arising out of FIR No. 130/88 under sections 498a IPC and 304b IPC both read with Section 34 IPC, Police Station Seelampur.

(2.) BRIEFLY stated, case of the prosecution as per charge sheet is that the deceased Meena Kumari was taken to GTB Hospital with extensive burn injuries in the morning of 21. 04. 88. The Constable on duty at GTB Hospital conveyed the information to the Police Station Seelampur which was recorded as DD No. 8a (Ex. PW5/a ). Copy of the DD report was assigned to SI Bishambar Dayal who reached GTB Hospital along with Constable Iqbal Ahmed. He recorded the statement of injured Meena Kumari Ex. PW13/da/pw14/a and it was duly attested by dr. Yogesh Mittal, the Chief Medical Officer, GTB Hospital. In the aforesaid statement Meena Kumari disclosed that she had set herself on fire after pouring kerosene oil on her because of continued harassment meted out to her at the hands of her sister-in-law, respondent Raj Rani who had picked up a quarrel and abused her on the fateful morning also. She further disclosed that Raj Rani used to harass her by imputing allegation against her character that she was having sexual relationship with one Pappi.

(3.) THE deceased was referred by GTB Hospital to JPN Hospital where her MLC ex. PW7/a was prepared. In the said MLC, the sister of the deceased PW10 Yug rani gave the history that the deceased had attempted to commit suicide as a result of some internal family clash. Meena Kumari ultimately succumbed to her injuries on 22. 04. 88 at 3. 00 PM. Inquest proceedings were conducted by the SDM, shahdara wherein he recorded statements of the relations of the deceased as well as the respondents and Baldev Raj and his wife Indu Bala, the brother and sister-in-law of the respondent Kishan Lal. SDM came to the conclusion that a prima facie case of commission of offence was made out, accordingly, he instructed for registration of the case. On the basis of the statement of PW1 Vidya Wanti, mother of the deceased, formal FIR was registered under Section 498a/304b read with Section 34 IPC against the respondents.