STATE OF UP Vs. NISHIKANT

JUDGEMENT

(1.) This appeal has been preferred by the State of Uttarakhand challenging the judgment dated 30.08.1996 vide which accused respondent Nishikant has been acquitted of the charges under Section 304B, 306 and 498A of Indian Penal Code (hereinafter referred to as "IPC").

(2.) Facts, in brief, are that marriage between Nishikant and Pushp Lata (since deceased) was performed on 14/15.04.1988 in a hotel at Amritsar. According to PW2 Lokman Das Agarwal, father of Pushp Lata, Nishikant as well as his mother Prakashwati started harassing his daughter and making demand of dowry immediately after the marriage. According to the complainant, he had been fulfilling their demands as per his capacity. Even one year prior to the present occurrence, Prakashwati had tried to set Pushp Lata on fire but somehow she escaped. Pushp Lata was not even provided with proper meals and other basic necessities. On 29.03.1991, she was given beatings by the accused and thereafter, she was set on fire by pouring kerosene oil on her. The complainant came to know about the incident on 30.03.1991. On reaching Dehradun, he found that Pushp Lata had received hundred percent burn injuries and was not conscious. Complainant submitted a written complaint (exhibit Ka 11) before Kotwali Incharge, Dehradun and on the basis of the said complaint, chick First Information Report (exhibit Ka 27) was recorded on 30.03.1991 at 07.30 p.m. According to the complainant, as per understanding between the parties prior to the marriage, all the articles and cash, as demanded by them, were given at the time of marriage. He had given a draft of Rs. 30,000/- before marriage to Hari Gopal Gupta, father of accused Nishikant. On the date of marriage, FDR of Rs. 20,000/- in the name of Nishikant and Pushp Lata, was given by complainant. However, the said FDR was encashed by Nishikant before the maturity date. This amount of FDR was initially deposited in the saving account of Pushp Lata but later on, the said account was closed and the entire amount was withdrawn by Nishikant. In spite of the articles and cash having been given as per the demand made by Nishikant and his family, they were not satisfied. Both Nishikant and his mother wanted to purchase a plot measuring 850 sq. yard at Dehradun and for the said purpose they demanded a sum of Rs. 75,000/- from the father of deceased. Nishikant along with Pushp Lata came to the house of complainant at Meerut asking to give a sum of Rs. 75,000/- to him. However, complainant expressed his inability to pay the said amount. The said plot was purchased by Nishikant by arranging the money from some other source but Nishikant started harassing Pushp Lata thereafter. Pushp Lata informed her father about his behaviour. Complainant had visited the office of Nishikant i.e. ONGC, Dehradun and also his house and advised him not to harass his daughter but there was no improvement in the situation. Pushp Lata informed her father vide letter exhibit Ka-7 that Nishikant had decided to perform second marriage and on receiving the said letter PW2 Lokman Das Agarwal again went to Dehradun to advise Nishikant and his mother. During the said visit, he found one 'can' containing kerosene oil lying in the bedroom of Pushp Lata. He inquired from Nishikant as to why kerosene oil was lying in their bed room when they are having gas cylinder, on this Nishikant explained that they use kerosene oil whenever there is no electricity in the house. Accused Nishikant had given one written estimate (exhibit 1) to the complainant stating as to how much amount has been spent in marriage and how much amount is yet to be paid. According to this estimate Rs. 75,000/- was shown as balance towards complainant. Complainant also produced letters (exhibit Ka 6, Ka 7 and Ka 8) written by Pushp Lata to the complainant and his son Yogesh Agarwal.

(3.) On 29.03.1991 at 08.20 a.m. Pushp Lata was admitted in ONGC Hospital, Dehradun where she was attended by Dr. S.L. Gupta, who sent information to the police at 08.55 a.m. which is exhibit Ka 3. He prepared treatment summary Exhibit Ka 2 with regard to patient Pushp Lata. On the request made by Nishikant vide application exhibit Ka 4 to the effect that he wanted to get his wife treated at Safdarjung Hospital, the patient was referred to Safdarjung Hospital and was removed along with medical attendant. Dr. S.L. Gupta is stated to have got recorded the statement of Pushp Lata through attendant Kanta Mohan Rawat, which is exhibit Ka-1 on the record. On 30.03.1991, Pushp Lata was admitted in Safdarjung Hospital at 12.40 a.m. and was attended by Dr. C.L. Thakaral, Neurosurgeon. As per the summary prepared by Dr. Thakaral, Pushp Lata had received hundred percent deep burn injuries all over the body. She was conscious but she could not survive even after treatment. She died on 31.03.1991 at 03.20 a.m.