STATE OF HARYANA Vs. SHIVNATH RAI

JUDGEMENT

(1.) State of Haryana is in appeal against the judgment recording the verdict of 'not guilty' by Shri N. K. Jain, learned Sessions Judge,Hisar dated August 8, 1991, Father and son, namely, Shiv Nath Rai and Keshav Kumar were acquitted of the charges framed against them under Sections 304-B and 498-A of the Indian Penal Code.

(2.) The prosecution version was unfolded by Shri M. L. Sehgal, father of deceased Sneh Lata, through an application moved by him on August 22, 1990 to the Senior Superintendent of Police, Hisar, on which formal F. I. R. Ex. PA/1 carne to be registered on August 24, 1990, in Police Station Civil Lines Hisar. Shri Sehgal mentioned in his application aforesaid that his daughter Sneh Lata aged about 25/26 years, was married in May, 1984, to Keshav Kumar son of Shri Shiv Nath Rai Kukreja. On the night intervening 18/19th August, 1990, he received a telephonic message at about 3.30 hours that his daughter had caught fire while boiling milk for the child and that he should reach at the earliest at Hisar. Again at about 4.10 hours another message was received that his daughter had committed suicide by burning herself. He along with his wife, brother and others proceeded by car and reached Hisar at about 10 hours and found her charred body (beyond recognition) kept in a room and a few burnt pieces of clothes were lying in the courtyard. He found Shiv Nath Rai, Keshav Kumar, Bopesh Kumar and Mrs. Seema along with few other relations in the house. He was told by Keshav Kumar that "he himself along with Sneh Lata and children was sleeping in one room, his father, Shiv Nath Rai, in other room and his brother Bhopesh Nath and his wife Seema on the roof of the house. He did not notice when Sneh Lata came out of the room and poured kerosene oil and committed suicide. He got up only on hearing the voice of the neighbours and tried to rescue her by extinguishing fire''. He did not notice any sign of burn etc. on his body/hands that he might have sustained in process of extinguishing the fire. To his utter surprise none of the family members inside the rooms and sleeping on the roof heard the shrieks/voice of the burning person or noticed smoke, or smell of kerosene oil. From this, he concluded that it was a case of foul play and story had been concocted to give it a colour of suicide. He was convinced that she was killed by burning or she was compelled to commit suicide. He further mentioned that he now recollected the events and background for killing his daughter. Shiv Nath Rai was a most greedy person and had been continuously demanding money on one pretext or the other through his daughter and his son Keshav Kumar had been telling his daughter to comply with the instructions if she wanted good atmosphere at the home otherwise they would have to leave the residence and deprive themselves of the father's Property. The other accused Bhopesh Kumar and his wife were spectators and consented in the directions given by Shri Shiv Nath Rai. He had paid Rs.13,000/- to meet with the demands for purchasing a scooter because Sneh Lata was not allowed to pay visit to Gaziabad unless the amount was paid. From time to time he had been paying amounts and giving clothings etc. as demanded. On her visit to Gaziabad along with her husband, from August 11, 1990 to August 15, 1990, he could talk to her on August 15, 1990 when he was told that this time the demand was heavy i.e. Rs. 40,000/- because her father-in-law was going to install a photostat machine and generator and on this account she was upset. He told her that he would shortly visit Hisar and speak to her father-in-law and satisfy his urge to the extent possible. His daughter also complained in taunting, by her father-in-law that on his retirement her father had only paid him Rs. 101/- whereas the father of Seema had presented a suit length. Further, he had paid Rs. 15,000/- to his daughter (Veena) whereas her father had not paid such lump-sum amount on his retirement. He further stated that the SHO Model Town, Hisar had told him not to leave Hisar unless his statement was recorded. So, after cremation, he along with his wife and son reached police station at about 18 hours and requested the S. H. O. to relieve them immediately as they were to reach Gaziabad in the midnight. As Shiv Nath Rai's residence was near the police station they were regularly chased by the sympathisers and his relatives and therefore, they could not make any statement earlier.

(3.) The prosecution, with a view to bring home the offence against thc respondents herein, examined Manohar Lal Sehgal as P. W. 1, who broadly supported thc prosecution version, S. K. Bang, Manager, New Bank of India, was examined as P. W. 2 and he deposed with regard to two bank drafts, one for a sum of Rs. 6,000/- and the other for Rs. 7.000/- which were deposited in the account of Keshav Kumar. Shamsher Singh, Draftsman was examined as P. W. 3. He had prepared scaled site plan, Ex. P. C. Rakesh Kumar was examined as P. W.4 and he had proved photographs, Ex. P1 to Ex. P6. Ram Lal Kapoor was examined as P. W. 5. This witness had accompanied Mr. Sehgal P. W. 1 and had deposed about Sneh Lata catching accidental fire while boiling milk and later information, regarding Sneh Lata committing suicide. Nand Ram, Registration Clerk was examined as P. W. 6. He only deposed with regard to Keshav Kumar having purchased a scooter on December 21, 1986 from Subhash Chander Sharma. Dr. S. K. Goyal was examined as P. W.7. He had conducted post mortem on the dead body of Sneh Lata. R. C. S. Rawat was examined as P. W. 8. He is Manager of Punjab and Sind Bank, Hisar and had made endorsement Ex. PF/1 to theeffect that payment of drafts for Rs. 6,000/- and Rs. 7,000/- be made to Keshav Kumar. Dharam Chand ASI was examined as P. W. 9. He had recorded a daily diary report on August 19, 1990, prepared inquest report and got the scene of occurrence photographed. He had also taken into possession pieces of Salwar of Sneh Lata which had been burnt, a pair of V shape chappals, a small can of kerosene oil containing about 10 Liters of kerosene oil, one match box, one burnt match-stick and one brush for washing clothes. Dharam Pal, HC was examined as P. W. 10. He had recorded formal F. I. R. Ex. PA/1 on receipt of application, Ex. PA.