CHANDER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Chander Bhan is an Ex-Serviceman, aged about 66 years. He has been convicted under Section 302 of the Indian Penal Code for allegedly causing the death of his daughter-in-law, namely, Sunita and his infant grand daughter Neetu by setting them on fire by the learned Additional Sessions Judge, Hissar vide judgment dated 30.9.1996 and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2000/-. In default of payment of fine he was ordred to undergo further rigorous imprisonment for two years.

(2.) Sunita deceased was married with Jagbir son of Chander Bhan on 8.7.1992. A minor child Neetu was born out of this wed-lock. Sunita hails from village Majra in district Hisar. Her husband hails from village Budana tehsil Hansi district Hisar. The parents of Sunita five in village Majra district Hisar. Siri Krishan Sharma an Advocate in district Bhiwani is the maternal uncle of the deceased. Sunita and her husband their infant child were living in Gurgaon another district of the State where he was employed in Maruti Udyog Ltd In village Budana the appellant along with his brother's widow was residing. Sometimes Sunita lived in village Budana and at other times with her husband in district Gurgaon. On 1.8.1994 Jagbir had brought Sunita and Neetu to Budana and left them with his father Chander Bhan. On 3.8.1994, Sunita came to village Majra and told her parents that her father-in-law i.e. the accused was a drunkard and after taking liquor he teased her for the purpose of preparing meat and remarks that the vegetables prepared were not properly cooked in time. On the assurance of her father that he would ask Jagbir, Sunita was sent to village Budana on 4.8.1994. On 7.8.1994 at about 10.30 A.M. Balbir Singh, a neighbour noticed that smoke was coming out from the house where Sunita was living and, therefore, he also found Sunita and the infant present there in burnt condition. The two other persons removed her and the child in a car straightaway to her father's place in village Majra She allegedly made an oral dying declaration to her father Sham Sunder and brother Suresh that Chander Bhan appellant had asked her to cook non-vegetarian food and was teasing her and therefore when she could not prepare the said food he sprinkled kerosene and set her and her daughter Neetu on fire. After making the said oral dying declaration the deceased passed away and she was declared dead when she was brought to Civil Hospital, Bhiwani.

(3.) On receipt of message Ex.PT from Civil Hospital, Bhiwani, ASI Krishan Lal PW.9 went to the hospital and collected memos Ex.PU and PV regarding the death of Sunita and Neetu separately. He thereafter recorded the statement of Sham Sunder PW.6 Ex. PN and he sent the same for registration of a case to the Police Station. He called Rajesh Kumar PW.2, a photographer who took the photographs of the dead bodies of Sunita and Neetu. He aslo prepared inquest reports Ex.PC and PF. He sent the dead bodies for post-mortem. On the basis of the statement Ex.PN formal FIR Ex.PN/1 was recorded by SI Chandgi Ram PW.8, at 12.30 A.M. on 8.8.1994. The special report reached the Ilaqa Magistrate at 5.00 on 8.8.1994. Thereafter SI Chandgi Ram went to the place of occurrence. He prepared rough site plan Ex.PS of the scene of occurrence; lifted half burnt pair of chappal Ex. P 16 and P 17, a piece of cloth Ex. P 18, a burnt piece of gunny bag Ex. P 19 and a piece of polythene Ex. P 20 vide memo Ex. PL. He arrested the accused on 12.8.1994. On 13.8.1994 in pursuance of his disclosure statement Ex. PQ; Chander Bhan accused got recovered Zarican Ex. P21 which was taken into possession vide memo Ex. PR.