JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant faced trial for offences under Sections 498 -A and 304 -B IPC. FIR was registered on the statement of Krishna, mother of the deceased. Marriage of appellant and Monika (deceased) was solemnized on 14.02.2009. The in -laws of the deceased had been making demands of cash amount. Once Monika had taken an amount of Rs. 1000/ - from her mother and handed over the same to her husband. Even thereafter they had been making demand of more cash amount. Whenever Monika was not able to bring money, the appellant and his parents used to physically torture and harass her. Krishna called her daughter and tried to make her in -laws understand but they did not relent. Monika stayed with her parents for four months and about 20 days before her death, Sube Ram uncle of the petitioner and the appellant took the deceased to the matrimonial home.

(2.) IN her statement Ex. PH made to the police, Krishna stated that on 22.06.2010 she received a missed call from Monika on her mobile phone at about 4.30 p.m. Krishna called back Monika who told her that appellant and his parents had been beating her for not bringing money. After about half an hour i.e. at 5.00 p.m. the appellant made a phone call, intimating that Monika had set herself afire by pouring kerosene. It was also told that they were taking Monika to Post Graduate Institute of Medical Sciences, (PGIMS) Rohtak. Krishna and her husband Pawan Kumar and other family members reached PGIMS at about 7.30 p.m. They went to emergency ward and enquired from Monika as to what had happened. Monika told that the appellant and his parents had poured kerosene on her forcibly and set her ablaze with a matchstick. She also told that she was brought to PGIMS by neighbourers.

(3.) THE proceedings Ex. PK/2 recorded on the statement Ex. PH would indicate that the police got information telephonically from PGIMS Rohtak. The police party headed by PW -18 SI Raj Kumar of the police station reached the hospital. SI Raj Kumar made application (Ex. PK) to the doctor concerned at 11.50 p.m. seeking his opinion as to whether the victim was fit to make statement. The doctor made report Ex. PK/1 at 11.55 p.m. on the same day that the victim who was admitted with 95 -100% of burns had expired at 11.00 p.m. on 22.06.2010. In the police proceedings it was also recorded that there was no family member of the victim present in the hospital at that time. In the morning, the mother of the deceased met the police party and her statement was recorded. These facts have also been testified by PW -18 during the trial.