Research › Search › Judgment

Punjab High Court · body

2000 DIGILAW 1192 (PNJ)

State Of Punjab v. Kamla Devi

2000-10-03

A.S.GARG, HARJIT SINGH BEDI

body2000
Judgment Harjit Singh Bedi, J. 1. These appeals arise of the following facts : 2. On 2.12.1994 at about 9.30 am., P.W.3 Krishna Devi (sister of Poonam deceased) made a statement Exhibit PA before P.W.5 ASI Ram Dayal that Poonam who had been married with Ashu alias Ashok Kumar about two years earlier had been ill treated by him and his mother Kamla Devi, co-accused, on account of having brought insufficient dowry in the wedding. She further stated that about a year earlier, Poonam had been turned out of the house by her husband and had left her in her (Krishnas) house in village Dhiru-Ke-Majri and while leaving there, accused Ashu had categorically told her that unless Poonam arranged for money he was not willing to live with her. Poonam had accordingly stayed with Krishna P.W. for about a month but, on the intervention of P.W.4 Ved Parkash, their father, and the brotherhood, she had returned to her husband. She further stated that the two accused had continued to misbehave with Poonam even after her return. On 2.12.1994, she along with another sister Bimla, had gone to the house of the deceased to enquire about her welfare. During the course of the conversation, the deceased again complained to her sisters that the two accused were making demands for money almost every day and had also beaten her repeatedly to ensure the fulfilment of their demands. She further stated that her life had become miserable due to this mal- treatment and it was better that she should die. Poonam thereafter went into kitchen ostensibly to make tea and after a short-while, Krishna Devi and Bimla heard shrieks and they rushed towards the kitchen and saw that Poonam had set herself afire after having poured kerosene oil on herself Krishna Devi thereafter removed the injured to Rajindra Hospital, Patiala, for treatment and she was admitted therein and information with regard to the incident was sent to Police Station, Model Town, Patiala at about 12.00 noon, on which ASI Ram Dayal (P.W.5) came to the hospital and made an application before the doctor as to whether Poonam was fit to make the statement. The doctor, however, opined that she was not fit to do so. The doctor, however, opined that she was not fit to do so. The police officer then tried to record the statements of Krishna Devi and Bimla, but they refused to answer any question before consulting their father who was a resident of village Kaul in Haryana. ASI Ram Dayal again made an attempt to record Poonams statement but without success, and he ultimately, received information that she had died. P.W.3 Krishna Devi thereafter made a statement Exhibit PA and on its basis the formal first information report was registered against the two accused for an offence punishable under Section 304-B of the Indian Penal Code. ASI Ram Dayal thereafter drew out the inquest report and also sent the dead-body for the post-mortem examination. He also visited the site of the incident and took into possession one Can containing some kerosene oil, some burnt pieces of cloth and a match box. The two accused (Ashu and Kamla Devi) were arrested on 7.12.1994 and 22.12.1994 respectively and, on the completion of the investigation, were charged for an offence punishable under Section 304-B of the Indian Penal Code and as they pleaded not guilty, were brought to trial. 3. In support of its case, the prosecution examined, inter alia, P.W.2 Dr. O.P. Agarwal, who had conducted the post mortem on the dead body and had found that there was a smell of kerosene oil emanating therefrom and that the death had been caused by burning, P.W.3 Krishna Devi, the complainant P.W.4 Ved Parkash, the father of the deceased who stated about the demand for dowry and the circumstances leading to the suicide; and P.W.4 ASI Ram Dayal, the investigating officer. Bimla aforesaid was given up as having been won over by the prosecution. 4. The statement of the accused was thereafter recorded under Section 313 of the Code of Criminal Procedure and accused Ashu pleaded as under : "I am innocent. Poonam caught fire accidently while working in the kitchen. Neither my self nor my mother ever demanded dowry from the deceased nor maltreated her. Rather my relation Prema got admitted the deceased in Rajindra Hospital, Patiala, and I was looking after her till the time of her death. I incurred entire medical expenses. The prosecution has led fabricated evidence against, me. The witnesses have deposed falsely." 5. That plea was adopted by Kamla Devi as well. Rather my relation Prema got admitted the deceased in Rajindra Hospital, Patiala, and I was looking after her till the time of her death. I incurred entire medical expenses. The prosecution has led fabricated evidence against, me. The witnesses have deposed falsely." 5. That plea was adopted by Kamla Devi as well. The trial Court examined the circumstances with regard to the incident under five different heads and concluded that the suicidal death had taken place within seven years of the marriage and that the statements made by Krishna Devi and Ved Parkash, the sister and father of the deceased, which were that frequent demands for dowry had been made from the deceased from the date of her marriage right upto her death and on her inability to fulfil those demands, she had been subjected to cruelty, were trust-worthy. The Court also found that Bimla Devi, the sister of the deceased, had apparently been won over by the accused as she was also closely related to them and, as such, the fact that she did not support the prosecution could not be taken against the prosecution. The Court, however, observed that in such cases it was not unusual for the family of the deceased to cast the net wide and it appeared that accused Kamla Devi had been roped in merely because she happened to be the mother of Ashok Kumar and as there was no corroborating evidence to show that she had ever abetted or instigated her son against Poonam, she was entitled to the benefit of the doubt. She was accordingly acquitted of the charge. Ashok Kumar was, however, convicted under Section 304-B of the Indian Penal Code and sentenced to undergo imprisonment for seven years and to pay a fine of Rs. 200/- and in default of payment thereof, to further undergo RI for one year. 6. Two appeals have been filed against the judgment impugned Crl. Appeal No. 652 DBA of 1996 by the State of Punjab against the acquittal of Kamla Devi and Crl. Appeal No. 147-SB of 1996 by Ashu alias Ashok Kumar accused challenging his conviction. Both the appeals are disposed of together as mentioned above. 7. We have heard the learned counsel for the parties and have gone through the evidence on record. 8. Appeal No. 147-SB of 1996 by Ashu alias Ashok Kumar accused challenging his conviction. Both the appeals are disposed of together as mentioned above. 7. We have heard the learned counsel for the parties and have gone through the evidence on record. 8. It is the admitted position that Poonam had been married with Ashok Kumar accused on 28th March, 1993, and the suicide happened on 2nd December, 1994. The fact that the deceased met a suicidal death within seven years of the marriage is thus proved on record. We have gone through the evidence of P.W.3 Krishna Devi and P.W.4 Ved Parkash, the sister and father of the deceased, which clearly reveal that Poonam had been harassed for money and various other articles, including a refrigerator and on her inability to fulfil the demands, she had been subjected to grave cruelty. We have absolutely no reason to disbelieve the statements of these two witnesses. It is true that there appears to be some delay in the lodging of the fast information report, but the delay stands explained as it had come in evidence that Krishna and Bimla had refused to give any statement to the police till the arrival of their father Ved Parkash to whom a message had been sent. It is also significant that Bimla was also related to the accused. It is, therefore, not surprising that the two sisters chose to wait till the arrival of their father to make a statement to the police, but the statement was ultimately expedited on account of the fact that Poonam died without being able to make any statement. The evidence of Dr. O.P. Aggarwal (PW2) clearly supports the view that the deceased had met her death by burning to the extent of 100 per cent. It is true that Bimla had refused to support the prosecution case and had been given up as having been won over. We endorse the finding of the trial Judge that this had happened as she was also closely related to the two accused. 9. We have also examined the merits of the State appeal against acquittal filed against Kamla Devi. The learned trial Judge has given a finding that it appeared that Kamla Devi had been roped in merely as she happened to be the mother-in-law of the deceased. 9. We have also examined the merits of the State appeal against acquittal filed against Kamla Devi. The learned trial Judge has given a finding that it appeared that Kamla Devi had been roped in merely as she happened to be the mother-in-law of the deceased. The trial Judge has taken a particular view on the evidence and we, sitting in an appeal against acquittal, would ordinarily be reluctant to hold otherwise. 10. In view of what has been recorded above, we find no merit in either of the two appeals and the same are accordingly dismissed.