STATE OF PUNJAB Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Ludhiana, dated 16th November, 1982, whereby Ashok Kumar husband and Bimla Devi mother-in-law of Vijay Lakshmi deceased were acquitted of the charge under Section 306 of the Indian Penal Code framed against them for abetting commission of suicide by Vijay Lakshmi.

(2.) IN brief facts relevant for the disposal of this case, as emerge from the first information report recorded on the basis of the statement of Smt. Pushpawati mother of the deceased are that her daughter Vijay Lakshmi was married to Ashok Kumar accused about four years back. Ashok Kumar used to tease her that she had very little education. Due to the harassment Vijay Lakshmi came back to her parental house. She was again sent back to the house of Ashok Kumar on the intervention of her uncle Chaman Lal. She gave birth to two sons. The elder son used to reside with his grandmother whereas her second son was living with Pushpa Wati as her son in law did not own that child as his own son. The second son at the time of occurrence was about two years of age. After the birth of second child, Vijay Lakshmi was again sent to her in-laws where both Ashok Kumar and Bimla Devi accused gave her beatings and turned her out of their house. About six months prior to the present occurrence Chaman Lal uncle of the deceased sent her along with the Panchayat again to the house of her in-laws. Latter would send message about mal-treatment meted to her, to her mother, who was anxious to settle her daughter. On 2-4-1981 at about 12 noon Pushpa Wati learned that Vijay Lakshmi with burn injuries was admitted in the Old Daya Nand Hospital, Ludhiana. She along with her brother Harbans Lal went to the said hospital and found that Vijay Lakshmi was lying admitted there with burn injuries. The latter was asking for water and also raised roula loudly that she was hungry for the last two days. At that time, smell of kerosene oil was coming from the clothes and body of Vijay Lakshmi. Chaman Lal also told Pushpawati that earlier in the day he had received telephonic message from Ashok Kumar accused that the latter had a quarrel with Vijay Lakshmi on that day and Chaman Lal had told Ashok Kumar to settle the dispute himself. According to Pushpawati her son-in-law Ashok Kumar and his mother Bimla Devi used to harass her daughter Vijay Lakshmi and several times quarrel took place in her presence. Both Ashok Kumar and Bimla Devi used to taunt Vijay Lakshmi that either she should die by drowning herself or set herself on fire. But she kept all these facts to herself and on the day of occurrence also they harassed her daughter to commit suicide. Pushpawati further stated that Ashok Kumar her son-in-law had demanded Rs. 10,000/- from them for going abroad. Vijay Lakshmi was got admitted in the hospital by Ashwani Kumar, her cousin brother at about 1.15 P.M. with 95 burns, as a result of which she died on the same evening at about 6.20 P.M. without giving any positive information to the police or to Gurdev Singh, Executive Magistrate, Ludhiana concerning the manner in which she received burn injuries. ASI Sant Singh then recorded the statement of Pushpa Wati PW and on its basis formal FIR was recorded at the Police Station at 7 P.M. on the same evening. Post-mortem revealed that the death was due to shock resulting in extensive burns which were ante mortem in nature and sufficient to cause death in the ordinary course of nature. After completion of the investigation both the accused were challaned, tried and acquitted, as stated earlier.

(3.) ON behalf of the State, it was submitted that the deceased was teased, taunted and mal-treated for bringing inadequate dowry; secondly she was not well educated and thirdly because Ashok Kumar repeatedly demanded money from the parents of the deceased and accused did not own second child born to the deceased, as his own child.