STATE OF HARYANA Vs. LEELA KRISHAN

JUDGEMENT

(1.) THIS appeal has been directed by the State of Haryana against judgment dated 14.12.1998 passed by the Session Judge, Hisar, whereby the respondents (accused) were acquitted of the charge under Sections 498A/304B IPC.

(2.) BRIEFLY stated, the facts are that Smt. Neelam (now deceased) was married to Om Parkash son of Leela Krishan, respondent No. 1 and Tara Wanti, respondent No. 2, on 2.2.1987. Neelam was cooking meals on 21.6.1987 at about 3 P.M., on the hearth in which fuel was placed. She was wearing Salwar and shirt of terry-cot, which all of a sudden caught fire from the sparks coming out of the hearth. When her clothes caught fire, out of panic, she ran into the house crying 'BURNT BURNT'. The respondents i.e. her father-in-law, Leela Krishan, her mother-in-law Tara Wanti, her brother-in-law Gobind Ram and his wife Pushpa were attracted to her cries. Leela Krishan poured a pitcher of water being near by on her, due to which the fire was extinguished. He mother-in-law, Tara Wanti removed her to the Civil Hospital, Hisar, and got her admitted there.

(3.) ON 26.6.1987, PW-1 Atam Parkash, brother of Neelam moved an application, Ex.PA to the Chief Judicial Magistrate, Hisar, for again recording the statement of Neelam and he deputed Shri S.P. Sharma, Judicial Magistrate IInd Class, Hisar, to record her statement. Sh. S.P. Sharma obtained opinion of the doctor, Ex.PM/1 about the fitness of Neelam to make the statement and then he recorded her statement, Ex. PN/2. The said statement was signed by Neelam in token of its correctness. The said statement was attested by Dr. Surinder Singh, PW-8. In her statement, Ex.PN/2, Neelam came up with a different version and stated that the respondents had been mal-treating her on account of bringing less dowry at the time of marriage but she did not tell this fact to her parents to save the honour of the family and about 3-4 days prior to the occurrence, her in-laws, family had given a threat to her that she would be divorced as she had not brought sufficient dowry and even her husband had made allegation against her that she had committed theft of Rs. 25/- from his pocket. She further stated that her hands were caught by her parents-in-law while Veena, her husband's sister sprinkled kerosene oil upon her and Raju, her husband's younger brother, set her ablaze and she laid down on the floor in an attempt to avoid the impact of fire and raised hue and cry, upon which the neighbours, her father-in-law, Leela Krishan, put two pitchers of water upon her and the fire was extinguished and then she was taken to the Civil Hospital, Hisar, by her mother-in-law Tara Wanti alongwith a woman from the neighbourhood and she was forced to make statement that she had caught fire accidentally while cooking. She further stated that her husband was not to be blamed.