HARCHARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order dated 13th Sept., 1986 passed by the Additional Sessions Judge, Faridabad whereby the present appellant was convicted under Sec. 306 of the Indian Penal Code for abetting the commission of suicide by his wife Jasbir Kaur and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000.00 In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. The appellant was also convicted under Sec. 498-A. of the Indian Penal Code for subjecting his wife to cruelty and was sentenced to undergo rigorous imprisonment for one year. Both the substantive sentences of imprisonment were ordered to run concurrently. Bhupinder Kaur co-accused of the appellant was, however, acquitted of the said charges.

(2.) Briefly stated the facts of the prosecution case, according to the earliest version allegedly given by Jasbir Kaur to Dr. P.S. Bhandari at the time when she was medically examined in Safdarjang Hospital, New Delhi, concerning the main incident, are that she was pumping the kerosene oil stove. The oil fell on her clothes which caught fire and she got burn injuries. However, according to the dying declaration of Jasbir Kaur recorded by Sh. S.D. Gathwal, Sub-Divisional Magistrate, Delhi, on 25-3-1985 in the hospital, she was residing along with her husband (i.e. the present appellant at Faridabad, in the same house Tarlochan Singh and his wife Bhupinder Kaur (accused since acquitted by the trial Court) were residing. She was married about 21/2 years back, Her husband, however, used to take the side of Bhupinder kaur his co-accused and she always used to harass her. On the day of occurrence, Bhupinder Kaur quarrelled with her and called her names, Jasbir Kaur was also fed up with the behaviour of her husband as he used to ill-treat her. At about 11 or 12 noon she set herself on fire after sprinkling kerosene oil on her clothes leaving behind her two years old son. As a result of 80 per cent burn injuries received by Jasbir Kaur, she died on the night of 26-3-1985. SI Jaswant Singh prepared inquest report and sent the same along with the post mortem report to police Station Mujesar, Faridabad.

(3.) On 27-3-1985, Dr. D.N. Bhardwaj, conducted autopsy on the dead body of Jasbir Kaur and found superficial two deep burns over the face, neck, both upper limbs back and front of chest, burn patches on abdomen and lateral aspect of left thigh and, on the right lower limb. The skin was blackened and peeled off at places. Death in the opinion of the said doctor was due to shock and septicaemia as a result of 80 per cent ante mortem superficial burns caused by flames.