DARSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE facts giving rise to this appeal as stated by Sushila Devi complainant in her statement Ex. PS recorded by Assistant Sub-Inspector Roshan Lal on 15. 11. 1985 are that she was married to Darshan Kumar accused, a resident of village Batta, about five years before the occurrence. A few days after her marriage Darshan Kumar started maltreating her and saying that he would contract a second marriage. Aggrieved by the conduct of her husband she went to her father's house at village Salwan. On account of the conduct of her husband and his other relatives her father initiated proceedings in a Court at Jind. Thereafter the accused brought a Panchayat from village Batta and on the assurance of the Panchayat she returned to her husband's house. The matter pending in the Court also ended in a compromise. On her return to the house of her husband, she was subjected to the same maltreatment and harassment by the husband as well as by his mother who often taunted her that she had not conceived a child. Once again she was compelled to go to her parental house. About 15 days before the occurrence Darshan Kumar accused came to her parents house and felt sorry for his previous conduct. He brought her back to village Batta. Her mother-in-law resorted to her old behaviour of taunting her and Darshan Lal stated giving her beating and told her that he will not permit her to go to her parents village and will torture her to death. On account of this maltreatment she sprinkled kerosene oil on her in the Chaubara of the house at above 9. 00 A. M. to finish her life and to save herself from the daily mental agony. The neighbours heard her shrieks and they came to the spot and extinguished the fire. She was taken to Primary Health Centre Kalayat by her husband.

(2.) DR. P. K. Gupta who was present in the Primary Health Centre, sent ruqa EX. PE to Station House Officer, Police Station, Kalayat, when Sushila was brought there, but before Assistant Sub-Inspector Roshan Lal reached there Sushila had been referred to Civil Hospital, Narwana for medico-legal examination as there was no lady medical officer in the health centre. At 2. 00 P. M. on 15. 11. 1985 Sushila was admitted in Civil Hospital, Narwana. Her statement was recorded in that hospital while she was declared fit to make statement by the doctor. She was medically examined by Dr. P. K. Gupta on 20. 11. 1985, who found the following injuries on her person : (1) Superficial slought of burn present on forehead both cheeks, both ears, anterior part scalp. Slough is partially separated. Only epidermis is involved. Hair have been cut. (2) Bur injury of size 9x4 cm on right side of back on lumber region. Only epidermis is involved. Superficial slough was partially separated.

(3.) INVESTIGATION in the case was made and burnt clothes of Sushila were taken into possession from the doctor incharge, Civil Hospital, Narwana. From the spot one bottle containing some kerosene oil and a match box were recovered.