STATE OF HARYANA Vs. RAM NIWAS

JUDGEMENT

(1.) The respondent was tried for offences under Sections 306, 498-A, 109 IPC, but, vide judgment dated 28.2.1995 passed by learned Additional Sessions Judge (II), Bhiwani, he stands acquitted. The State of Haryana is now before this Court by way of an appeal with a prayer that the acquittal of the respondent be set aside and he be convicted and sentenced in accordance with law.

(2.) According to the prosecution, Smt Mayapati, since deceased, was married to the respondent about 5 years earlier to the occurrence. From their marriage, one female child was born about 21/2 years earlier to the occurrence. Since the beginning of the marriage, the respondent used to be cruel towards his wife. He had been beating her and maintaining relations with scheduled caste ladies. He had been quarrelling for the last four days. He used to tell her to consume some poisonous substance, as she was in the habit of eating all the time and not doing any work. On the day of occurrence also, she was beaten by the respondent in the morning. During the day, she poured kerosene upon her body whereas the respondent set her on fire with the help of a match stick. Her jeth and jethani were also present there, who poured water upon her, changed her clothes and then removed her to the hospital. However, the respondent brought her back. She was again taken to the hospital by her jeth and jethani. There was no dispute between the deceased and her husband over dowry, but he used to quarrel with her.

(3.) Smt. Mayapati was examined by the doctor on 21.2.1993. The doctor sent ruqa Ex.PE to Incharge, Police Post, General Hospital, Bhiwani to make arrangement for C.J.M to reach and record the statement of the victim. Accordingly, the police sought assistance of Shri Vinod Jain, the then Additional Chief Judicial Magistrate, Bhiwani, who went to the hospital and after obtaining opinion from the doctor about the fitness of Smt. Mayapati to make a statement, recorded her statement Ex.PJ, on the basis of which FIR Ex.PJ/5 was recorded against the respondent for offences under Sections 309, 201, 498-A, 109 IPC.