SMT. KASTURI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRIMATI Kasturi Devi has challenged her conviction and sentence under Section 306 of the Indian Penal Code recorded by the Additional Sessions Judge, Rohtak, vide his order dated 27th/28th November, 1984. She has been sentenced to rigorous imprisonment for five years and a fine of Rs. 500, in default further rigorous imprisonment for six months under that charge Two co -accused of the Appellant, namely, Tek Ram, her son, and Partap Singh, her husband, were given the benefit of doubt and acquitted by the learned trial Judge.

(2.) SHRIMATI Santosh (since deceased) was married to Tek Ram co -accused of the Appellant (since acquitted). She was married six years before her death She had also a six -months old son from the loins of Tek Ram, Shrimati Santosh many a time complained to her parents that she was ill -treated and beaten by her parents in -law for bringing inadequate dowry. Tek Ram went to Delhi a month before the death of Shrimati Santosh. At the time of the birth of the son the parents of Shrimati Santosh had given gifts worth Rs. 8000 as chhuchhak. Shrimati Santosh still complained to her parents that her in laws were not happy with the amount and that they beat and tortured her. On Tek Chand's visit to Delhi, Shrimati Chandrawati protested to him against the bevaviour of his parents. On 29th February, 1984, Shrimati Chandrawati received a telephonic message that Shrimati Santosh had been burnt to death On receipt of the telephonic message both Chandrawati and her husband Babu Ram PW4 went to Rohtak at the place of the in -laws of Shrimati Santosh. Shrimati Shakuntla, elder sister of Santosh, PW7 and Sadhu Ram, another relation of Shrimati Shakantla, also accompanied them. At Rohtak these prosecution witnesses heard the whisper of the women in the neighborhood that Shrimati Santosh had been throttled by her mother -in -law and that she had been burnt by sprinkling kerosene on her body. On hearing about the death of his daughter, Babu Ram PW had almost a paralytic attack and was rendered unfit to speak. Application Exhibit PF thumb marked by Babu Ram and Chandrawati PWs was filed with the Rohtak police. Babu Ram PW went to Police Station City, Rohtak, and made a statement before. Inspector Balbir Singh PW11. On the basis of the same, formal first information report Exhibit PO was recorded there. Inspector Balbir Singh then along with some police officials west to the place of occurrence and prepared site plan Exhibit PP. He also took into possession a letter produced by Tek Ram The letter is Exhibit DB which was not posted Inspector Balbir Singh directed Assistant Sub Inspector Laxmi Narain to conduct the inquest report on 29th February, 1984. Dr. D.K. Sharma PWl performed autopsy on the deadbody of Shrimati Santosh on Ist March, 1983, at 12.30 p.m. Following is the report of his post mortem examination:

(3.) When examined under Section 313 of the Code of Criminal Procedure, the Appellant denied the prosecution allegations and came out with the following version: