SHYAM SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHAYAM Sunder and Raj Kishan, the two appellants-herein stand convicted under Sections 306/452 IPC vide impugned judgment dated October 3, 1991, passed by the learned Additional Sessions Judge, Rewari and have been sentenced as under : U/S 306 IPC RI for three years and to pay a fine of Rs. 500/-, in default of payment of fine to suffer further RI for three months. U/S 452 IPC RI for two years and to pay a fine of Rs. 300/-, in default of payment of fine to suffer further RI for two months.

(2.) THE substantive sentences ere, however, ordered to run concurrently. In short the case of prosecution is that on 11.3.1990 at about 6-20 PM, Daya Wanti wife of Jagdish Lal was taken to Civil Hospital Rewari with some burn injuries. The medical officer, who attended to her, immediately, sent ruqqa to the concerned police and at about 7-20 PM on the same day, after obtaining the opinion of the doctor, the statement of Daya Wanti (Ex PL) was recorded. In her statement, she stated that her husband Jagdish Lal was having some dispute with his elder brother Kishan Lal over portion of the house and agricultural land and he had also some dispute with Raj Kishan, (the appellant-herein). It is alleged that on 11.3.1990 around 1-30 PM Shyam Sunder alias Pappu appellant came to the house of the complainant under the influence of liquor and started abusing her. At that time, her husband was not present. She asked Shyam Sunder not to hurl filthy abuses. Shyam Sunder returned to his house. After sometime, the complainant and her mother-in-law Smt. Bhiranwa Bai went to the house of the Kishan Lal and told him and his wife Krishna Devi that their son had been abusing them for the last about 15 days and even on that day also he had abused Daya Wanti. After lodging the protest, they returned to their house. At about 5-30 PM on the same day, both the appellants came to their house and started abusing Daya Wanti. Her mother-in-law requested them no to do so. Both the appellants grappled with her and then Shyam Sunder appellant poured kerosene oil upon Daya Wanti and set her clothes on fire. She raised an alarm, which attracted her husband. On seeing him, both the appellants ran away from the spot. On these allegations, both the appellants were booked in this case.

(3.) I have heard Mr. Harsh Kinra, learned counsel for the appellants and Mr. Sanjiv Sheokand, learned Assistant Advocate General, Haryana. With their assistance I have gone through the entire record.