AMRENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Amrendra Singh, his father Rajendra Singh and his mother Kaushalya Devi have been convicted under Section 498-A, IPC and sentenced to rigorous imprisonment for three years and to a fine of Rs. 5,000/- each. They have been acquitted of the charge under Section 306, IPC.

(2.) DECEASED Kusum obtained the degree of Bachelor of Engineering and was married to accused Amrendra Singh on 16. 6. 1985 who is also an Engineer. She sustained severe burn injuries in early morning of 12. 1. 1986 in her matrimonial home and breathed her last in the hospital on 21. 1. 1986. Thus she died within eight months of her marriage. R. B. Singh (PW 1) is the father and Rajeshwari (PW 4) is mother of the deceased. Sushil Kumar (PW 7) is her brother. The father of the deceased and the father of her husband are employed in Bharat Heavy Electricals, Bhopal and are living in the houses in the close vicinity of this factory. The house of the parents of the deceased is about two kilometres from the house where she lived with her husband and his parents during the period of her married life.

(3.) THE prosecution case is that Kusum committed suicide by pouring kerosene on her and setting her on fire. She sustained 65% burn injuries and was taken to Kasturba Hospital. She took this step as she was being treated with cruelty by the accused persons. They were demanding a scooter and a colour T. V. from her parents. After the incident of fire the accused persons told Kusum that in case she gives the statement that she has committed suicide they are likely to be sentenced for seven years and they further threatened to cause the death of her parents and her brothers if she makes such statement. On account of this threat and in order to save the accused from punishment the deceased made a statement Ex. P-29 on 12. 1. 1986 before the Head Constable and Ex. P. 28 on 13. 1. 1986 before the Naib Tehsildar and the Executive Magistrate that she sustained burn injuries from the flame of the stove when she was preparing tea in the morning. But she told her mother Rajeshwari a day before her death that those statements are not true and she had set herself ablaze. The police had initially closed the chapter. It is only when Sushil Kumar, brother of the deceased who is employed at Bombay came to Bhopal and met the senior officers of the police, the investigation was started and the statements of the prosecution witnesses were recorded. The opinion of Dr. D. K. Satpathy (PW 14) who was Senior Forensic Expert was obtained. In his opinion it was not a case of accidental fire. After investigation the police filed the charge-sheet under Sections 306 and 498-A, IPC against the accused persons. The Trial Court framed charges under these sections and tried the case.