RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whereas, Rajinder Kumar and his father Jagdish Chand have filed Crl. Appeal No. 307-DB of 1993 challenging the order of conviction and sentence recorded against them by the learned Additional Sessions Judge, Jagadhri, dated August 2, 1993, holding them guilty under Section 304B read with Section 34 of the Indian Penal Code and to undergo life imprisonment and to pay a fine of Rs. 1000/- or in default thereof to further undergo R.I. for two years also under Section 316 read with Section 34, I.P.C. in which they have been sentenced for a period of seven years and to pay a fine of Rs. 500/- each or in default thereof to further undergo R.I. for six months as also under Section 8-A read with Section 34, I.P.C. to undergo R.I. for a period of two years and to pay a fine of Rs. 500/- each or in default thereof to further undergo R.I. for six months (all the substantive sentences were, however, ordered to run concurrently), Smt. Pushpa, mother of deceased Savita Sharma has filed Crl. Revision No. 288 of 1994 challenging the same very order of the learned Addl. Sessions Judge acquitting Vijay Kumar, Ashok Kumar, Manoj Kumar, Anil Kumar, and Vipin Kumar all sons of Jagdish Chand, one of the appellants in Crl. Appeal No. 307-DB of 1993 as also Krishna Devi wife of Vijay Kumar. She, in the revision aforesaid, has also prayed for enhancement of sentence awarded to Rajinder Kumar and Jagdish Chand, This revision was ordered to be heard along with Crl. Appeal No. 307-DB of 1993. It is for this reason that we propose to dispose of both the Crl. Appeal as well as Crl. Revision by this common order.

(2.) The facts leanding to unfortunate death of Savita Sharma need a necessary mention. She was married to appellant Rajinder Kumar in October, 1987 and breathed her last on August 6, 1991. In this short period of her married life, she had been blessed twice and had, thus, two living children whereas she was expecting to be blessed for the third time being pregnant at the time of her death. She along with her husband Rajinder Kumar, appellant in Crl. Appeal No. 307-DB of 1993, was brought to Civil Hospital, Yamuna Nagar on August 5, 1991. Her mother Pushpa Devi addressed an application to the SHO, Police Station, Yamuna Nagar requesting that the appellants and respondents in Crl. Revision No. 288 of 1994 be proceeded against and action be taken against them for having killed her daughter Savita Sharma. She mentioned in the application aforesaid that marriage of her daughter Savita Sharma, aged 22/23 years, was solemnized with Rajinder Kumar on October 27, 1987. At the time of marriage, she had spent an amount of Rs. 21/2 lacs on dowry. Ten days prior to solemnization of the marriage, she had given a sum of Rs. 50,000/- to Jagdish Chander, father of the bridgroom because he had expressed his inability to meet the expenses on the marriage due to paucity of funds. After marriage, her daughter was maltreated and the accused continued demanding more money time and again. She had given Rs. 10,000/- each to them three times. In spite of that, they turned her daughter out of the house and had thrown her belongings out of the house. Later on they agreed to let her daughter live in their house provided a room was constructed for her. During that period, they sold the gold weighing ten tolas of her daughter. Her husband expired on July 19, 1991 and her son-in-law sent her daughter to her house directing her to tell that he was in need of a sum of Rs. 40,000/- as he needed Rs. 20,000/- for the construction of the room, Rs. 15,000/- for paying back the debts and Rs. 5000/- for payment of loan. So much so he had threatened her that if she failed to bring the money, she should not come back. He further told her that they would do away with her if she came back without the desired amount. Her daughter told the whole story to her in a separate room instead of in the presence of all relatives. She told her daughter that she would pay a visit to her on August 8, 1991 after the Kirya ceremony of her husband and would get all the debts etc. paid and that she would also get a room constructed for her. As promised, she was to pay a visit on August 8, 1991 and she had arranged the money accordingly. Her daughter was got admitted in the hospital at Yamuna Nagar on the night of August 5, 1991 in badly burnt condition. On August 5, 1991 at 2 a.m. Manoj Kumar along with three other boys came in a van and said, "Your sister is suffering from pain in the abdomen and she is lying admitted in Civil Hospital at Yamuna Nagar". She was not present at home but on August 7, 1991 when they reached the hospital, they came to know that the in-laws of her daughter, namely, Jagdish Lal, Rajinder, Ashok Kumar, Vipin Kumar, Anil Kumar, Vijay Kumar, Manoj Kumar and Krishna Rani wife of Vijay Kumar had killed her daughter after setting her ablaze.

(3.) It appears that this application was received by Harnam Singh, ASI, Police Post Farakpur at about 4.20 p.m. on August 7, 1991. ASI Harnam Singh, in the column meant for the steps taken by the police, recorded that he along with other police constables after getting free from post mortem examination of Savita deceased wife of Rajinder Sharma, was present near the gate of Civil Hospital, Yamuna Nagar that Smt. Pushpa Devi along with her sons Om Parkash, Vijay Kumar and Rajinder Kumar submitted the aforesaid application. On August 5, 1991 at ruqa from the doctor about the admission of Smt. Savita and Rajinder Kumar in the Railway Hospital in injured condition due to burns and later on an information from the doctor about the admission in Civil Hospital,Yamuna Nagar, were received. First of all, in this regard, Harbans Singh, ASI had obtained the opinion of the doctor of the Civil Hospital wherein the doctor declared both of them unfit to make their statements. Thereafter, he was also informed in writing by the doctor that both the injured persons were unfit to make their statements. On August 6, 1991, an information from the doctor regarding the death of Savita was received from Civil Hospital, Yamuna Nagar. On receipt of the said information, he reached the hospital and obtained opinion of the doctor regarding fitness of Rajinder Kumar to make a statement. He was at that stage also declared unfit. Again the evening of August 6, 1991 he obtained the opinion of the doctor wherein the doctor declared Rajinder Kumar fit to make statement. Thereafter, he conducted proceedings under Section 174 Cr. P.C. regarding death of Savita. The ASI then obtained the opinion of the doctors, who conducted post mortem on the dead body of Savita Sharma. The burns were ante-mortem in nature and sufficient to cause death in ordinary course of events. He registered a case against all the accused under Sections 304-B, 498-A, 34, I.P.C. The formal FIR with regard to the incident regarding the death of Savita was, thus, recorded at 4.45 p.m. on August 7, 1991.