BANSI LAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) JUDGMENT :- On 11th of September, 1991 at about 1.45 p.m. one Santosh Kumari aged about 19 years set herself ablaze by sprinkling kerosene oil on her person. She was found to be in the kitchen of her house. She suffered serious injuries. She was taken to hospital at Arnas. Police reached in the hospital. Her dying declaration was recorded. This is EXP-RD. The dying declaration when rendered in English this reads as under :-

(2.) The perusal of the dying declaration makes it apparent that the deceased set herself ablaze because the male and female members of Bansi Lal's family used to describe her as an ill-character lady. She could not tolerate these false imputation. In the morning of the ill-fated day, Bansi Lal and others called her father and told him that the deceased is not of good character. This was breaking point. Deceased was unable to tolerate this. She committed suicide. The mother and father of the deceased appeared in the witness box. The perusal of their statements brings out that aspersion were made vis-a-vis the character of the deceased. She was unable to tolerate. She committed suicide.

(3.) The trial Court came to the conclusion that so far as Bansi Lal is concerned, a case under Section 306 of the Penal Code was made out. However taking into consideration his age instead of directing him to undergo jail sentence a fine of Rs. 7,000/- was imposed. It is this order which is subject-matter of challenge in this appeal.