SANDEEP AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants-Sandeep and Krishna have filed this appeal against the judgment and order dated 19.2.2008/20.2.2008 passed by the learned Sessions Judge, Bhiwani whereby the appellants have been held guilty for the commission of offences punishable under Sections 304-B and 498-A read with Section 34 of the Indian Penal Code ('IPC' - for short) and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 304-B read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 498-A read with Section 34 IPC. However, both the substantive sentences were ordered to run concurrently. The brief facts of the prosecution case are that FIR (Ex.P.14) in the present case has been registered on the basis of statement made by Sharmila to Suresh Chand, ASI at 6.15 p.m. on 2.11.2006. As per prosecution version Sharmila was married to Sandeep (appellant No.1) on 21.5.2005. She was kept properly for some days after the marriage and thereafter her husband and in-laws started harassing her and saying that less dowry was brought. Her husband, mother-in-law Krishna (appellant No.2), father-in-law Rajbir and Nanad Urmila started taunting and her husband and mother-in-law used to beat her. She told all these facts to her mother Patasi Devi and brothers Surender and Anand Kumar. Panchayat was brought by her brothers from Village Chelawas twice upon which on the asking of the villagers her husband Sandeep brought her from her parental house on 23.10.2006. Sharmila also made statement that on 1.11.2006 during night at about 9.00 p.m. her husband, mother-in-law Krishna, father-in-law Rajbir all gave her slap and fist blows which she tolerated. On the next morning at about 8.30 a.m. her mother-in-law Krishna sprinkled kerosene oil on her and her husband Sandeep set her on fire with a match box. Her husband, mother-in-law, father-in-law ran away from the spot. When she raised noise, their neighbours Lilu, Risalo wife of Lilu came there and got her admitted to Dadri Hospital from where she had been referred to PGI MS, Rohtak. On the basis of this statement, FIR was recorded.

(2.) Then the Investigating Officer went to the place of incident during the night and prepared the rough site plan. He also took into possession a bottle containing small quantity of kerosene oil and kerosene stained earth from the spot. On 3.11.2006, statement of Sharmila was got recorded under Section 164 Cr.P.C from JMIC, Rohtak Mr. Vimal Sapra. In that statement, Sharmila stated as under:-

(3.) Accused Rajbir was arrested on the same day. On 4.11.2006, SI Hira Singh, SHO went to Village Ghikara at the spot to verify the investigation of this case. On 8.11.2006, he arrested accused Sandeep. On 9.11.2006, his disclosure statement was recorded. Thereafter accused-Krishna was arrested on that very day and on her disclosure statement the articles were recovered. Statements of the witnesses were also recorded. After necessary investigation, challan was presented.