ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASHOK Kumar (appellant) was tried by Sessions Judge, Sonepat on the charge under Sections 302/304-B of Indian Penal Code and vide order dated 10/17.1.1994, he convicted him on each count and sentenced him to undergo imprisonment for life on each count and ordered that both the sentences shall run concurrently. The prosecution case briefly stated is as follows.

(2.) SMT . Lalita Devi (d/o Banti Devi widow of Chhankanda Ram) was married to Ashok Kumar on 7.10.1989. She had four sisters and one brother Jagdish. Smt. Lalita Devi was residing with her husband at Panipat. Her husband was greedy and short tempered. He was suspecting her fidelity also. He was laying demand for money on her. Lalita had given birth to a son about 2 months earlier to 27.9.1990 i.e. when the unfortunate incident took place. On the birth of son to her, she brought Rs. 1500/- from her mother. This amount of Rs. 1500/- did not satisfy Ashok Kumar. He demanded that she should bring some more money from her mother. Whenever she demanded money for running the household, he quarrelled with her and gave her beatings. On 27.9.1990, it was Ashtami. After performing puja, she served food to the girls. At about 3 p.m., she asked her husband to bring grocery items, whereupon, he quarrelled with her and gave her beatings. Ashok Kumar quarrelled with her and gave her beatings, took her to the room and bolted the door from inside, sprinkled kerosene on her, lit a match stick and set her afire. Lalita Devi cried on having been set afire. Thereafter, he opened the door and she went out running and he poured water on her. He ran to his mother's house. Landlady of Ashok Kumar informed Lalita Devi's mother who took her to the hospital. After the arrival of Lalita Devi in General Hospital, Panipat with burn injuries, Dr. Mahesh Parkash, Medical Officer, General Hospital, Panipat sent ruqa Ex. PF to SHO, PS City, Panipat on 27.9.1990 at about 4.10 p.m. In regard to receipt of ruqa Ex. PF, entry Ex. PF/1 (copy) was made in the Daily Diary Register (DDR) of PS City, Panipat. A VT message was sent to Police Post, Qila Panipat to the effect that Lalita Devi wife of Ashok Kumar was lying admitted in General Hospital, Panipat. On receipt of that VT message from PS City, Panipat, Shri Zile Singh, SI Incharge, Police Post Qila Panipat went to the Police Station, City Panipat along with Constable Sultan Singh and collected ruqa Ex. PF and proceeded to General Hospital, Panipat. There, he found Lalita lying admitted and finding her condition to be serious, he moved application Ex. PG/4 to Chief Judicial Magistrate, Panipat requesting him to arrange to record the statement of Smt. Lalita Devi. Ms. Meenakshi Girdhar, Judicial Magistrate 1st Class, Panipat was deputed to record her statement. She accordingly went to General Hospital, Panipat and made application Ex. PG/1 to Dr. Mahesh Parkash with a view to elicit whether or not Smt. Lalita Devi was fit to make statement. Dr. Mahesh Parkash vide endorsement Ex. PG/2 opined that Lalita was fully conscious and was fit to make statement. Thereafter, Ms. Meenakshi Girdhar, Judicial Magistrate 1st Class, Panipat recorded the statement of Lalita which is Ex. PG/5. After she had recorded statement Ex. PG/5 of Smt. Lalita Devi, the same was read out to Smt. Lalita Devi by her who impressed her right thumb impression thereon at point 'A' at Ex. PG/5. Smt. Lalita Devi remained fully conscious throughout when Ms. Meenakshi Girdhar, Judicial Magistrate 1st Class, Panipat was recording her statement and to this effect, she appended note on Ex. PG/5 at point 'B' that the statement had been read out to her and she had impressed her right thumb impression thereon in token of its correctness. During the course when Ms. Meenakshi Girdhar was recording statement of Lalita, Dr. Mahesh Parkash was present and he also appended note Ex. PG/3 to the effect that Smt. Lalita Devi was fit when her statement was being recorded. Statement of Lalita Devi recorded by Ms. Meenakshi Girdhar, Judicial Magistrate 1st Class, Panipat on 27.9.1990 formed the foundation of FIR No. 623 dated 28.9.1990 registered against Ashok Kumar at PS City, Panipat under Section 498-A IPC. After the registration of the case against Ashok Kumar accused at PS City, Panipat, the investigation of the case was taken up by SI Zile Singh, Incharge Police Post, Qila Panipat. He reached the situs of crime along with ASI Umed Singh and HC Bhagwan Chand. On the way, Shri Prem Kumar, photographer met him whom he took along and got the spot photographed. Ex. P1 to P8 are the positives and negatives of the situs of crime. SI Zile Singh inspected the situs of crime and prepared rough site plan Ex. PM. He took into possession the burnt clothes of the deceased namely Ex. P9 (Salwar), EX. P10 (Jumper), Ex. P11 (half burnt Bra). He made these clothes into a sealed packet. He took into possession an empty bottle Ex. P12 containing a very little quantity of kerosene emitting smell of kerosene. He took into possession match box Ex P13 containing some match sticks. He made the empty bottle and the match box into a sealed parcel. Seizure memo Ex. PK was prepared in regard to the seizure of the burnt clothes, empty bottle and the match box which was attested by Dr. Vijay Kumar, Girdhari Lal and ASI Umed Singh. He recorded the statements of Dr. Mahesh Parkash etc. on 4.10.1990, he received VT message from Incharge, Police Post, Medical College and Hospital Rohtak that Smt. Lalita Devi had expired in Medical College and Hospital, Rohtak. On receipt of VT message to that effect, SI Zile Singh reached Medical College and Hospital, Rohtak along with HC Ram Chander. He held inquest on the dead body of Smt. Lalita Devi. Inquest report is Ex. PN. Autopsy on the dead body of Smt. Lalita Devi was carried out on 4.10.1990 at 3.50 p.m. by a team of doctors comprising Dr. D.S. Dhankar etc. According to them, death was due to extensive burns leading to shock and its complications which were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. After investigation, accused was challaned. At the trial, initially, the accused was charged under Section 302 IPC on 2.4.1991. Afterwards on 11.3.1992, accused was charged in the alternative under Section 304-B IPC. Accused Ashok Kumar pleaded not guilty to the charge and claimed trial.

(3.) ASHOK Kumar accused when examined under Section 313 Cr.P.C., denied the imputations appearing in prosecution evidence against him and stated that he is innocent. His wife caught fire accidentally while she was preparing meals on a stove. He tried his best to extinguish the fire. He took her to General Hospital, Panipat and then to Medical College and Hospital, Rohtak and made every effort to save her life. Despite his best efforts, he could not save her. Child born to her died immediately after birth. She continued to remain worried on account of the death of their first child. There was absolutely no quarrel or rancour of any sort between them. Theirs was quite a happy married life. He laid no demand on her. His mother-in-law Banti Devi is quarrelsome type and is a habitual litigant. His sister-in-law Varsha is not having a smooth married life and is having litigation with her in-laws for the last several years and his mother-in-law Banti Devi is the wire puller so far as that litigation is concerned. Statement alleged to have been made by Smt. Lalita Devi is not spontaneous but the result of tutoring and prompting. No evidence was led in defence. At the conclusion of the trial, Sessions Judge, Sonepat found the charge under Sections 302/304-B IPC proved against Ashok Kumar and accordingly convicted and sentenced him as indicated above.