RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BABITA (deceased) was married to Ravinder Kumar in the year 1991 according to the Hindu rites. She gave birth to a son and a daughter from the loins of Ravinder Kumar.

(2.) ON 23.10.1995 between 9.00 a.m. to 10.00 a.m. quarrel arose between Ravinder Kumar and his wife on account of demand for dowry made by Ravinder Kumar upon Babita having remained unsatisfied. Ravinder Kumar and the other members of his family were raising demand for dowry upon Babita every now and then. Babita was in the kitchen. Her husband Ravinder Kumar lost temper and he started beating and abusing her and her parents saying that she had not brought money. Ravinder Kumar picked up kerosene stove, opened the knob and doused kerosene on her and lit match stick and set her ablaze. Her clothes caught fire and she stated crying for help. She ran out of the house for help 'Bachao Bachao, Mere Aag Laga Dee.' Ravinder Kumar ran away. In the meantime, neighbours put quilt (rajai) on her and put off the fire. Thereafter, she was taken to the hospital by the her husband. Her husband and mother -in -law Smt. Bhagwani Devi joined on the way to Government Hospital, Mohindergarh. As her condition became precarious, she was transferred to Lok Nayak Jai Parkash Narain Hospital, New Delhi. She was threatened by her husband and mother -in -law and she was told by Mr. Ram Avtar, Advocate and her husband to make statement before the Magistrate and the police that she had caught fire accidentally and if she did not make statement that way, she and her children would suffer inconvenience. She was also threatened not to disclose the true facts to her parents and that way she was not able to reveal the truth before the police or the Sub -Divisional Magistrate. It may be mentioned that the Sub Divisional Magistrate recorded her dying declaration which formed basis of the First Information Report on 23.10.1996. Her husband left her in the hospital. Soon after, her mother and brother reached there. Her husband never came to see her after 26.10.1995. In the hospital, she was attended by her mother, brother, aunt and uncle. She packed up courage to speak the truth after she had been assured by her father, mother and brother that they would stand by her in exposing the perpetrators of this atrocity on her. She swore an affidavit to this effect on 7.11.1995.

(3.) IN the beginning on 23.10.1995, when fire had engulfed her, her statement was recorded by Sh. O.P. Sharma, Sub Divisional Magistrate, Mohindergarh, according to which she had sprinkled kerosene on her and set herself on fire. She had taken this extreme step because the feeling of her husband was that she was no match to him. Initially, it was case under Section 498 -A of the Indian Penal Code registered at P.S. Mohindergarh vide FIR No. 318 dated 23.10.1995. After 3 -4 days of arrest, Ravinder Kumar was allowed bail when Babita was still alive. Now, since Babita has expired and the aforesaid affidavit has surfaced on the record, offence has been converted into under Sections 302, 304 -B and 498 -A of the Indian Penal Code.