JEET RAM AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this judgment, we shall dispose of Criminal Appeal Nos. 492-DB of 2007 Jeet Ram versus State of Haryana and 493-DB of 2007 Kishanwati versus State of Haryana, as they arise from the same judgment.

(2.) The appellants challenge judgment dated 13.4.2007 and order dated 16.4.2007 passed by the Additional Sessions Judge, Faridabad, convicting them under section 302 read with section 34 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay a fine of Rs.50,000/- each. In default thereof, to further undergo rigorous imprisonment for two years each. The appellants have also been convicted under section 498-A read with section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs.5000/- each. In default thereof, to further undergo rigorous imprisonment for six months each. Both sentences have been ordered to run concurrently.

(3.) Smt. Kavita, daughter-in-law, of appellants was admitted to General Hospital, Ballabgarh on 12.5.2005 with severe burn injuries. A ruqa (intimation), Ex.P4, was received in Police Station Ballabgarh. ASI Ran Singh, PW 15, reached General Hospital, Ballabgarh and presented an application, Ex.P37, before PW 4 Dr. Rajiv Batish, Medical Officer, General Hospital, Ballabgarh, seeking his opinion whether Smt. Kavita is fit to make a statement. Dr. Rajiv Batish informed, ASI Ran Singh, that Smt. Kavita has been referred to Safdarjang Hospital, Delhi. ASI Ran Singh, accompanied by Constable Baljit Singh, left for Safdarjang Hospital, Delhi. Upon arrival at Safdarjang Hospital, the Assistant Sub Inspector, filed an application, dated 12.5.2005, Ex.P38, before a doctor for recording his opinion whether Smt. Kavita is fit to make a statement. The doctor recorded an opinion, Ex.P46, at 12.25 P.M., on the application, Ex.P38, that the patient is conscious, oriented and at present fit to make a statement. ASI Ran Singh recorded the statement of Smt. Kavita, Ex P39, between 2.30 P.M and 3.30 P.M. Smt. Kavita made a detailed statement narrating the harassment by her mother and father-in-law, demands of dowry, repeated beatings etc. She also stated that as she was fed up with the harassment, she left her matrimonial home, but as she has three children, she was persuaded by her husband to return. The atmosphere remained normal for about 1-1/2 months, but thereafter her father-in-law started harassing her. Her mother-in-law used to drink milk, whereas water was mixed in the milk given to children. She woke up at 3.30/3.45 A.M., daily, to do household chores. Her husband did not harass or beat her and did not take sides. At about 6 O' Clock, she prepared tea for her mother and father-in-law, but they refused to take tea. She milched the buffalo and after giving milk to the children, started preparing chapaties on a 'chulla'. A short while later, her mother-in-law brought a can of kerosene oil, which was normally kept inside the house and poured it on her (Smt. Kavita).