DHARMEJ SINGH Vs. STATE

JUDGEMENT

(1.) Solely relying upon the dying declaration of Smt. Sushma Devi for abetting the commission of suicide and oral testimony of the witnesses to whom she narrated woeful tale of her being subjected to cruelty by the accused, Dharmej Singh, her husband, the trial Court held the appellant- accused guilty and convicted and sentenced, him to undergo 10 years rigorous imprisonment and a fine of Rs. 500/- in proof of offence u/S. 306, RPC and 3 years rigorous imprisonment and a fine of Rs. 300/- under Section 498-A, RPC and in case of non-payment of fine, the appellant was to suffer further three months rigorous Imprisonment each in both the offences, however, on both the counts, the sentences have to run concurrently, vide judgment and order dated 25/26-7-1995, impugned herein.

(2.) A skeleton projection of the case may be noticed: On receipt of information that one Sushma Devi, wife of appellant-accused, has been brought to the Hospital with burn injuries on 7-11-1992 at 12.20 a.m.. Police party, headed by ASI Ram Dass Verma of Police Station Bani, proceeded to the hospital. ASI Ram Dass Verma found the deceased with extensive burn injuries and enquired in writing from the Block Medical Officer if Sushma Devi was in a fit condition to make the statement. Dr. Ashok Kumar, Block Medical Officer, certified the fact that Sushma Devi was in a fit condition to make the statement. The statement of the deceased was recorded in presence of Block Medical Officer, Dr. Ashok Kumar, and Hans Raj Medical Assistant, wherein the deceased stated to have been married about four years back with Dharmej Singh-accused. A son, aged 3 years, was born out of wedlock. The deceased also stated to have been physically chastised and harassed by her husband for the last 2 to 3 years. The accused had been levelling charges of infidelity and also for bringing insufficient dowry. The accused used to demand and compel the deceased to bring more and more dowry about which she informed her parents and other relations. The deceased also stated that about a day before the occurrence on 6-11-1992, the accused took a cudgel with her, about which she informed the Zonal Education Officer, under whom she had been working as a teacher in Government Primary School, Bani, for the last about 4 years. The deceased further stated that the accused had called her by bad names even on the day of occurrence at about 8-9 a.m., whicn instigated and provoked her, as a result of which, she sprinkled kerosene oil on herself, ignited the match stick and set her ablaze.

(3.) On the basis of the statement of the deceased Sushma Devi, a case under Section 309/498-A, RPC was registered with Police Station, Bani. Since the deceased was in serious condition, on account of extensive burns, she was shifted to District Hospital Kathua in Ambulance. The deceased, however, succumbed to burn injuries on way to Hospital at Kathua, Police swung into action. The dead body of the deceased was seized and subjected to post-mortem examination. On completion of the formalities, the dead body was handed over to the relations for last rites.