NIRANJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 18.8.2001, and the order of sentence dated 21.8.2001, passed by the learned Additional Sessions Judge, Panchkula, whereby the appellant, Niranjan Singh, husband of the deceased (Jayawanti) was held guilty for the offences punishable under Sections 304-B and 498-A, IPC, and ordered to undergo the following sentences: <FRM>JUDGEMENT_822_LAWS(P&H)9_2013_1.html</FRM>

(2.) The brief facts of the case are that Hira Singh (PW-6) is the father, Sarup Singh (PW-7) is the nephew (sister's son), while Bahadur Singh (PW-8) is the brother of Jayawanti (since deceased). Inder Singh and Tulsi Devi were parents, while Dayawanti was sister-in-law (Bhabi) of the appellant, Niranjan Singh. The accused lived in village Badiyal, District Panchkula, while the complainant side was resident of village Koti, District Panchkula.

(3.) The marriage of the appellant, Niranjan Singh, was solemnized with Jayawanti (deceased) about six months prior to 20.11.1997, the day on which Jayawanti received burn injuries on account of electric short-circuit and died. Inder Singh, father-inlaw of the deceased, reported the matter to the police with regard to her death. The police reached the place of occurrence, i.e. house of Inder Singh, and prepared the inquest report (Ex. PC). Since no cognizable offence was disclosed, therefore, the FIR was not registered, however, the dead body of Jayawanti was sent for postmortem examination. On 21.11.1997, Dr. Shobit Ghai (PW-9), Medical Officer, Civil Hospital, Panchkula, along with Dr. Suman Jain of the same hospital, conducted the autopsy on the dead body of Jayawanti and vide report (Ex. PK) opined that the cause of death in their opinion was 90% burn injuries, which were ante-mortem in nature and sufficient to cause death in ordinary course of nature. The probable duration that elapsed between the injury and death was within few minutes while between the death and the postmortem was within 48 hours.