NAURANG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against judgment/order dated 11/12.6.1993 of the Court of Additional Sessions Judge, Bhiwani whereby accused-appellants were convicted for offence under Sections 307/498-A IPC. For offence under Section 307 IPC, Naurang Singh, Ram Narain and Shanti Devi were sentenced to undergo RI for 4 years and to pay fine of Rs. 500/- each and in default of payment of fine to further undergo RI for six months each whereas Madan accused was sentenced to undergo RI for two years and to pay fine of Rs. 250/- and in default of payment of fine to further undergo RI for six months. For offence under Section 498-A IPC all the accused were sentenced to undergo RI for one year each and to pay fine of Rs. 200/- each and in default of payment of fine to further undergo RI for three months.

(2.) PROSECUTION case against accused-appellants is that on 1.9.1990 Giarsi wife of Naurang Singh accused was sleeping on a cot in the house situated in labour colony Bhiwani. Then accused Naurang Singh who is husband, Ram Narain and Madan Lal who are brothers of the husband and Shanti Devi mother of the husband poured kerosene oil on her and set her on fire. She got awakened after feeling heat and saw an empty bottle lying there. Accused Naurang Singh attempted to extinguished fire by putting water on her whereas Ram Narain and Madan Lal had thrown water on her. She was taken to Civil Hospital Bhiwani where doctor examined her and sent information to the police. A request was made by the police to Chief Judicial Magistrate Bhiwani and then statement of Giarsi Devi was recorded by Chief Judicial Magistrate Bhiwani and on the basis of that statement case under Section 307/34/498-A IPC was registered. It was investigated. Appellants were sent for trial. Case was found to be proved against them. They were accordingly convicted and sentenced as aforesaid.

(3.) OCCURRENCE took place at 2.30 PM on 1.9.1990. Injured Giarsi was immediately taken to the hospital where she reached at 3.15 PM and was medico-legally examined. Her statement was recorded at about 5.25 PM that very day by Shri L.N. Jindal, Judicial Magistrate Ist Class who appeared as PW-1. In her statement, she had stated that she was married with Naurang Singh before the occurrence. That she was sleeping in the house at 3 PM and at that time her husband Naurang Singh, her two Dewars (brothers-in-law) i.e. Ram Narain and Madan Lal and her mother-in-law Shanti Devi were present. As she had not borne any child, her in-laws were calling her as barren lady (Banjh) and were teasing her. When she was sleeping, somebody brought kerosene and put her on fire. When she cried out of pain then she saw that her husband Naurang Singh, her Dewars Ram Narain and Madan Lal and her mother-in-law were present there. Bottle was lying on the ground. She ran to the other room by crying fire-fire and then her two Dewars put water on her and extinguished fire. They brought her to the hospital. She had further stated that about two months prior to this, her mother-in-law had taken her ornaments and her in-laws had been beating her and teasing her. Then her in-laws had put her on fire.