HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal filed by Hoshiar Singh and Kuldip has been directed against the judgment and order dated 27th January, 1995 passed by the Court of Additional Sessions Judge, Rewari, who convicted the appellants under Sections 376 and 306 of the Indian Penal Code, and each of the appellants was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 500/- for the commission of offence under Section 376 of the Indian Penal Code, and in default of payment of fine each one of them was ordered to undergo further rigorous imprisonment for a period of one month. Both the appellants were further ordered to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 500/- for the offence punishable under Section 306 of the Indian Penal Code, and in default of payment of fine each one of them was ordered to undergo further rigorous imprisonment for a period of one month. Both the substantive sentences of imprisonment were ordered to run concurrently.

(2.) BRIEF facts of the case are that Kumari Bala could not bear the humiliation caused by the ravishment of her person and she doused herself with kerosene and set herself ablaze after one hour of the alleged rape. She expired at Medical College and Hospital, Rohtak on the morning of November 13, 1992 after suffering for a period of almost two weeks and a half. The death was due to the direct result of the 80% burns sustained by her in the burning incident.

(3.) SMT . Kamla wife of Shri Mange Ram informed the Police that she had gone to the fields owned by Shri Omi Thakur of her village on October 27, 1992 along with her husband Mange Ram and her daughter Bala - a girl of fourteen years of age, who at that time was studying in VIII Standard in the school. The purpose of visit was to harvest 'Guar' crop. Kumari Bala was directed by her mother to carry a bundle of Guar to the house and return with tea for them and the daughter complied with the directions, but she did not turn up. After some time, Madan son of Shri Sadhu Ram rushed to the fields of Omi Thakur and informed the couple that their daughter Kumari Bala doused in kerosene had set herself ablaze. The parents of the girl rushed to their house, but only to find their daughter fully burnt and lying unconscious. She was immediately shifted to the Hospital at Dadri for medical aid.