SHANTI DEVI Vs. STATE

JUDGEMENT

(1.) This is an appeal by Shanti Devi (55), widow of Patti Ram, resident of House No. 2589, Bagichi Raghunath, Sadar Bazar, Delhi, who was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by judgment dated February 28, 1976 of the Additional Sessions Judge, Delhi, for having murdered her daughter-in-law.

(2.) Briefly, the facts preceding the actual occurrence which took place on February 26, 1975 are these. Sham Wati, a young Harijan girl of Manakpura, Delhi, was married to Ved Raj on April 26, 1974. After staying with her husband for about 15 days, she went to her parental home and complained to her mother, Shanti Devi (Public Witness 12), that her husband was impotent and her in-laws had treated her with cruelty. Sham Wati remained with her parents for about seven months. During that period it was suggested to Ved Raj and his mother, the appellant, that her people would extend a helping hand in seeing that Ved Raj gets cured of his trouble. Ultimately, on the intervention of Ram Lal, who had been responsible for bringing about the marital alliance, Sham Wati was taken back by Ved Raj on January 16, 1975. About a fortnight thereafter, Chander Wati (Public Witness 16) wife of Jai Prakash (Public Witness 21), brother of Sham Wati, along with Anokhi Devi (Public Witness 30), a neighbour, visited Sham Wati. During the talk, Sham Wati levelled the same charges against her husband and other members of his family and informed with tears in her eyes that the appellant had suggested that she could have illicit relations with Ramesh, her other son, if she liked, but she had spurned the suggestion. A few days thereafter, Chander Wati along with Parmeshwari, wife of Pyare Lal (Public Witness 22), another brother of Sham Wati, again went to the houe of Sham Wati and was told that there had been no improvement in the conduct of Ved Raj and other members of the family. On being apprised of the State of affairs and on being further told by Chander Wati that the appellant had resisted their entry into her house but they had somehow forced their way to have contact with Sham Wati, Shanti Devi (Public Witness 12) implored Jai Prakash and Pyare Lal to fetch Sham Wati. Accordingly, both went to the house of their sister but the appellant and ths members of her family did not allow them to meet their sister, not to talk of allowing them to take Sham Wati along with them. Some respectables of the Basti were asked to intervene and bring Sham Wati to her parental home but in vain.

(3.) On February 24, 1975, Shanti Devi (Public Witness 12), along with Mohan Devi (Public Witness 14) and Batto (Public Witness 19) went to the house of Sham Wati with a view to bringing her along but they 'were not allowed) to enter the house by the appellant. Accordingly, they sat down in the verandah of the house opposite to the house of the appellant. Sham Wati came out into that verandah. She was carrying visible marks of injury on the face. She reiterated farther acts of cruelty. Shanti Devi (Public Witness 12) implored the appellant to send Sham Wati to her house but the appellant remained adamant and declared that shc would not hand over Sham Wati alive to her. On return to her house, Shanti Devi (Public Witness 12) took into confidence her sons, Jai Parkash and Pyare Lal, and asked them to report the matter to the police. Accoridingly, both went to police station Sadar Bazar and at the instance of Pyare Lal, entry, copy of which is Ex. Public Witness 8A, was recorded in the daily diary containing the mention that the mother had been to the house of the daughter and had seen marks of injury on the face. This report was entered in the register pertaining to the non-cognisable offences and, presumably for the reason that the police would not move in the matter, Shanti Devi (Public Witness 12) asked her sons to send telegrams to the Lt. Governor and other authorities. Telegrams (copy Ex. Public Witness 12(DB), were sent, accordingly, purporting to have been made by Shanti Devi herself. In addition to the facts which were earlier mentioned in the report, it was stated that Sham Wati was in abnormal condition and her life was in extreme danger.