SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 01.05.2008 passed by the Addl. Sessions Judge, Panipat. The appellant-accused Surender Kumar was convicted under Section 304-B IPC in FIR No.28 dated 19.01.2006 registered at Police Station Samalkha. He was sentenced to undergo rigorous imprisonment for a period of ten years under Section 304-B IPC.

(2.) Before adverting to the merits of the appeal, it is necessary to delineate the synopsis of the case. Geeta (deceased) was married to Surender Kumar-appellant about 11/2 years prior to her tragic end.

(3.) The incident took place in her matrimonial home on the intervening night of 18/19.01.2006. Geeta died due to burn injuries on 27.01.2006. Surender Kumar was working in the Railway Department in Delhi. Surender Kumar's grand-father Malkhan Singh was living with the couple at Samalkha. Geeta was brought to the hospital with burn injuries by her husband at 12.15 am on 19.01.2006. In the MLR, the Medical Officer had noted that the patient had come with the history of burn injuries due to fall of burning candle on the tilted kerosene can, which caught fire. Geeta had 70% burn injuries and her body smelt of kerosene. She was taken to Civil Hospital, Panipat but was referred to PGIMS, Rohtak the same night at 12.15 am. Ruqqa had been sent from the hospital at Panipat but by the time, the police official arrived in the hospital, the patient had been shifted to PGIMS, Rohtak. The investigating officer took the opinion of the medical officer at Rohtak at 11.10 am on 19.01.2006. Geeta was declared fit to make her statement. Ashok Kumar, ASI approached the Area Magistrate, who came to the hospital and recorded the statement of the deceased, which is Ex.PC. The victim named her husband and the grand-fatherin- law for the incident. She gave a detail of her family and disclosed that her husband was working in the Railway Deptt. and was posted at Delhi and both her husband and grand-father-in-law were not happy with the dowry articles and were demanding Rs.50,000/- and she was being harassed. She also stated that on being pressurized for the amount, she had refused as her father was poor and she had five sisters and showed inability to fulfil the demand. The harassment increased and she was beaten up. Narrating the sequence of event of that fatalful night, she disclosed that at about 9.00/10.00 pm her husband and grand-father-in-law again demanded the amount. On her refusal, her husband caught her hand and the grand-father-in-law poured kerosene upon her with a bottle. The grand-father-in-law lit the match-stick and when she ran to save herself, her husband poured water upon her. She also disclosed the names of the persons, who brought her to the hospital.