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2002 DIGILAW 1309 (PNJ)

Vidya v. U. T. Chandigarh

2002-11-27

R.L.ANAND

body2002
Judgment R.L.Anand, J. 1. Smt. Vidya wife of Lal Chand, aged 50 years at the time of trial which was conducted in the year 1988-89, has filed the present criminal appeal and it has been directed against the judgment and order dated 5.1.1989 passed by learned Session Judge, Chandigarh, who convicted the appellant under Sections 498-A and 306 I.P.C. and sentenced her to undergo RI for two years and to pay a fine of Rs. 100/- under Section 498-A. In default of payment of fine the appellant was directed to further undergo RI for six months. She was sentenced to undergo RI for four years and to pay a fine of Rs. 100/- under Section 306 I.P.C In default of payment of fine she was directed to further undergo RI for six months. The trial Court also ordered that both the sentences shall run concurrently. 2. Smt. Vidya appellant was charge-sheeted with the allegations that from 13.8.1986 to 13.9.1987 she being the mother-in-law of Smt. Raj Rani treated her with cruelty through her wilful conduct which drove Raj Rani to commit suicide and thereby she committed an offence punishable under Section 498-A. Secondly, it was alleged against her that on 13.9.1987 at about 4.30 a.m. Raj Rani inside her house bearing No. 1145, Sector 19-B, Chandigarh committed suicide and that she abetted its commission by subjecting Raj Rani to cruelty by maltreating her, finding fault with all her doing, accused her not to give birth to a male child etc. and thereby committed an offence punishable under Section 306 I.P.C. 3. The brief facts of the case are that deceased Raj Rani was married to Shiv Kumar son of the appellant one year prior to the date of occurrence. When the deceased in the wake of her marriage came to her in-laws house appellant and her son Shiv Kumar were joint in mess and residence. They resided in House No. 1145, Sector 19-B, Chandigarh. During her stay in the in-laws house on two/three occasions the deceased met her mother Bishan Devi and on each occasion she complained about the nagging nature of the appellant to find fault on trivial matters. Eleven months after the marriage the deceased gave birth to a female child in Section 16 General Hospital, Chandigarh. The birth took place through a caesarian operation. Eleven months after the marriage the deceased gave birth to a female child in Section 16 General Hospital, Chandigarh. The birth took place through a caesarian operation. When the deceased was discharged from the hospital she returned to her in-laws house, the appellant taunted her by saying that she had given birth to a female child and was a burden on them. The deceased also confided in her mother Bishan Devi that the appellant had been telling her that in case the deceased died it will be a good riddance. The story of the prosecution further proceeds that on the fateful day e.e. on 13.9.1987 the parents of the deceased received information at Ambala regarding the burning of their daughter. On receipt of this information Smt. Bishan Devi accompanied by her son Jagdish Kumar went to the in-laws house of the deceased. On reaching there they learnt that the deceased was lying admitted in P.G.I. Thereafter they went to P.G.I. and found her lying admitted there for treatment of the burn injuries which were received by her all over the body. The deceased was in a position to speak out. She disclosed to her mother that she put herself on fire as she was fed up with the nagging of her mother-in-law. 4. The investigation of this case was conducted by SI Vijay Kumar, Incharge, Police Post, Sector 19, Chandigarh. On 13.9.1987 the Investigating officer received a telephonic call at 5.30 a.m. regarding the burning of the deceased. The information that trickled to him was that a lady named Raj Rani had set herself on fire in House No. 1145, Sector 19-B, Chandigarh. The Sub Inspector after incorporating the said information in DDR No. 27 of that date, copy of which is Ex. PQ, in the company of other police officials set out for House No. 1145, Sector 19-B, Chandigarh. On reaching there he was informed that Raj Rani had been shifted to PGI, Chandigarh. Therefore, he deputed Constable Kanwar Pal to guard the spot and he along with other police officials left for PGI. On reaching there he came to know that Raj Rani was admitted in Emergency Ward. He then told his companion SI Harcharan Singh to draft request Ex. PH which he presented before the doctor attending on Raj Rani in order to know her mental state. Dr. Parkash M. vide his endorsement Ex. On reaching there he came to know that Raj Rani was admitted in Emergency Ward. He then told his companion SI Harcharan Singh to draft request Ex. PH which he presented before the doctor attending on Raj Rani in order to know her mental state. Dr. Parkash M. vide his endorsement Ex. PH/1 gave his opinion that Raj Rani was not fit to make statement. Thereafter, SI Harcharan Singh again approached the doctor with a view to find out if there was any improvement in the condition of Raj Rani. This time Dr. N.P.S. Sandhu who answered the query vide endorsement Ex. PH declared the injured fit to make statement. This was done by the doctor at 7.15 a.m. The Investigating officer then questioned Raj Rani and recorded her statement Ex. PK. Dr. Sandhu attested the same for its authenticity and for corroborating the fact that the injured was in her complete senses to make the statement. The statement of injured was sent to police station along with endorsement Ex. PK/2 made by SI Vijay Kumar. At Police Station formal FIR Ex. PK/3 was prepared by SI Gurnam Singh. The Investigating officer then deputed SI Harcharan Singh to contact an Executive Magistrate and request him to visit PGI for recording the statement of injured. SI Harcharan Singh acted accordingly. He brought Shri Rajinder Sharma, Executive Magistrate to PGI who recorded Ex. PC statement of Raj Rani. Subsequently Raj Rani succumbed to her burn injuries and expired. The information regarding the death of Raj Rani was conveyed by the PGI authorities to the police. SI Vijay Kumar then went to PGI and prepared inquest report Ex. PF. The dead body was subjected to post-mortem examination. On completion of the investigation the appellant was challaned in the Court of Area Magistrate who supplied the copies of the documents to the appellant and vide separate commitment order the appellant was sent to the Court of Session to face trial. 5. The learned trial Court framed charges under Sections 498-A and 306 IPC against the appellant to which she pleaded not guilty and claimed a trial. 6. In order to prove the charges the prosecution examined PW1 Jaswant Singh Draftsman, who on 29.12.1987 on police request visited the place of occurrence and prepared scaled site plan Ex. 5. The learned trial Court framed charges under Sections 498-A and 306 IPC against the appellant to which she pleaded not guilty and claimed a trial. 6. In order to prove the charges the prosecution examined PW1 Jaswant Singh Draftsman, who on 29.12.1987 on police request visited the place of occurrence and prepared scaled site plan Ex. PA according to scale of 1 cm = 1 meter at the pointing out of SI Vijay Kumar. PW2 is Smt. Bishan Devi, the mother of the deceased. Her statement shall be discussed by me in the later portion of this judgment. PW3 is HC Karnail Singh, who on 13.9.1987 visited the place of occurrence and found a match-box, a kerosene oil stove lying in the kitchen. This official took four photographs of the place of occurrence. PW4 is Narsi Ram, a neighbour of House No. 1145, and as per the statement of this witness, the police on 13.9.1987 came to the adjoining house No. 1145 and took a round of the kitchen of the house and found one match-box stick and a stove with the lid of its container and other articles which were taken into possession vide recovery memo Ex. PB. PW5, PW6 and PW7 are HC Ashok Kumar, HC Kuldip Singh and Constable Kishan Kumar who tendered their evidence on affidavits Exs. PW5/A, PW6/A and PW7/A. PW8 is Rajinder Kumar Sharma, Executive Magistrate, who recorded the dying declaration Ex. PC of deceased Raj Rani. He started recording the statement of Raj Rani at 8.15 a.m. and the same was concluded at 8.30 a.m. PW9 is Dr. R.M. Singh, who along with Dr. A.S. Gill on 14.9.1987 conducted post-mortem examination on the dead body of Raj Rani. It was told to the Board of Doctors that there was alleged history of sustaining burns by putting kerosene on the deceased on 13.9.1987 at 4.30 a.m. and that the deceased was admitted in PGI where she died on 13.9.1987 at about 6.30 p.m. The doctors found superficial deep and extensive burns all over the body except lower part of chest and front of abdomen and front of perilieum as well as right arm. There were about 80 to 85 per cent burners. Larynx and trachea were congested. Right and left lungs were congested. There were about 80 to 85 per cent burners. Larynx and trachea were congested. Right and left lungs were congested. In the opinion of the doctors, the cause of death was shock due to deep and extensive burns about 80 to 85 per cent which were sufficient to cause death in ordinary course of nature. The probable duration between injury and death was within 24 hours and between death and post-mortem was within 24 hours. After the post-mortem examination the doctors handed over the belongings of the deceased to the police. Ex. PD is the carbon copy of the post-mortem report and Ex. PD/1 is the pictorial diagram showing the seats of injuries. Ex. PE is the police request on the basis of which post-mortem was conducted on the dead body of Raj Rani. (Sic) the kitchen. Kersonse oil was also seen there. 7. PW10 is Dr. Parkash M., Senior Resident, Department of General Surgery, PGI, Chandigarh. He deposed that on 13.9.1987 SI Harcharan Singh presented before him application Ex. PH requiring to give his opinion as to whether injured Raj Rani who was lying admitted in the Emergency Ward was fit to make statement. He further stated that on the same day he examined the injured and prepared M.L.R. carbon copy of which is Ex. PJ. He further stated that there were burns all over the body. Major part was involved and only the flank of the abdomen was spared. The percentage of the burns was 90 and the depth of burns was second and third degree. The probable duration of the injuries was half to one hour and the kind of weapon used was oil probably kerosene oil. As the whole of the body was burnt, therefore the thumb impression of the deceased had been taken on the OPD card. 8. PW11 is Dr. N.P.S. Sandhu, who deposed that on police request Ex. PH he declared Raj Rani at 7.15 a.m. fit to make statement vide endorsement Ex. PH/2. Thereafter SI Vijay Kumar recorded the statement of Raj Rani in his presence and he again attested the same vide his signatures Ex. PK/1. The prosecution also tendered into evidence affidavit Ex. PW12/A of MHC Dharambir Singh. PW13 is Dr. K.G. Rao, who produced the carbon copy of the death summary Ex. PM prepared by him. He also proved Ex. Thereafter SI Vijay Kumar recorded the statement of Raj Rani in his presence and he again attested the same vide his signatures Ex. PK/1. The prosecution also tendered into evidence affidavit Ex. PW12/A of MHC Dharambir Singh. PW13 is Dr. K.G. Rao, who produced the carbon copy of the death summary Ex. PM prepared by him. He also proved Ex. PN the intimation sent to the police with regard to the death of Raj Rani. Ex. PO is the death certificate. Investigating officer SI Vijay Kumar appeared as PW14 and this witness after obtaining the opinion about the fitness of the deceased from Dr. Sandhu questioned Smt. Raj Rani and recorded her statement in the question-answer form in the presence of the said doctor. He made endorsement Ex. PK/2 underneath the statement of Raj Rani and it was sent to the police station for registration of the case on the basis of which formal FIR Ex. PK/3 was prepared by SI Gurnam Singh. This witness also stated that he made arrangement for the Executive Magistrate to record the statement of Raj Rani. He further visited the place of occurrence and took into possession the various articles, he also deposed that on the same day he received information about the death of Raj Rani at about 7.15 p.m. Thereafter the inquest report was prepared and the dead body was despatched for post-mortem examination. The appellant was arrested by him on 15.9.1987 and on completion of the investigation of the case he challaned the appellant. 9. On the closure of the evidence of the prosecution statement of the accused/appellant was recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to her. She denied those circumstances and stated as follows :- "I am innocent. Raj Rani set herself on fire at her own. She was living very happily with us. After giving birth to a female child she was given full rest at our home. She was given good treatment with nutritious food. I never taunted or hated her or any time nagged her. I never asked anything to Raj Rani that her parents had not brought any valuables and mother of Raj Rani has given false statement in the police station." 10. She was given good treatment with nutritious food. I never taunted or hated her or any time nagged her. I never asked anything to Raj Rani that her parents had not brought any valuables and mother of Raj Rani has given false statement in the police station." 10. When called upon to enter into defence the accused examined Harish Chander DW1, who deposed that the parents of the deceased took part in the cremation of the deceased. He never saw the accused and the deceased quarrelling with each other. The deceased never complained to him. The deceased used to visit their house. In his cross-examination this witness admitted that he never appeared before the police in order to make a statement. DW2 is Behari Lal whose statement is at par with that of DW1. But in the cross-examination he stated that he never volunteered to make statement before the police. 11. The learned trial Court believed the story of the prosecution by rejecting the defence version and convicted and sentenced the appellant in the manner stated above and aggrieved by her conviction and sentence, the present appeal. 12. I have heard Mr. Ashwani Chopra, Senior Advocate on behalf of the appellant, Mr. Ajay Lamba, Advocate on behalf of U.T. Administration and with their assistance have gone through the records of the case. 13. The appellant has been charge-sheeted on two counts - firstly, under Section 306 and secondly under Section 498-A of the Indian Penal Code. According to Section 306, if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. In order to sustain conviction, proof that deceased committed suicide is a condition precedent. When it is established on the record that the appellant was responsible for creating circumstances which provoked or forced the deceased to commit suicide, in such a situation the appellant will be guilty for the offence under Section 306 of the Indian Penal Code. 14. In order to sustain conviction, proof that deceased committed suicide is a condition precedent. When it is established on the record that the appellant was responsible for creating circumstances which provoked or forced the deceased to commit suicide, in such a situation the appellant will be guilty for the offence under Section 306 of the Indian Penal Code. 14. Section 113-A of the Indian Evidence Act also lays down that when the question is whether the commission of suicide by a woman had been abetted by the husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case that such suicide had been abetted by her husband or by such relative of her husband. The initial onus of proving that the woman committed suicide and that her husband or any relative of her husband had treated the woman with cruelty is upon the prosecution. Only after discharge of that initial onus the court may presume having regard to all the circumstances that there was abetment of suicide. It is established on the record that the deceased Raj Rani died within seven years of her marriage and the medical evidence is also suggestive of the fact that she committed suicide by putting kerosene oil on her in the house where her mother-in-law was also residing. It is also admitted case of the parties that in this case the deceased has not put any blame upon her husband. Her entire blame is upon her mother-in-law. Now it is to be seen whether the deceased was subjected to cruelty or was nagged or rebuked to such an extent that she had to resort to the extreme step of committing suicide. 15. Firstly, let us see what the deceased had stated before the police and before the Magistrate. Ex. PC is the statement of Raj Rani which was recorded by Shri Rajinder Sharma, Executive Magistrate on 13.9.1987 and the same can be quoted in the following words :- "She has stated that her mother-in-law used to rebuke and abuse her and she was fed up with life and has burnt herself. Ex. PC is the statement of Raj Rani which was recorded by Shri Rajinder Sharma, Executive Magistrate on 13.9.1987 and the same can be quoted in the following words :- "She has stated that her mother-in-law used to rebuke and abuse her and she was fed up with life and has burnt herself. She has further stated that no other member of family harassed her. She was found crying with severe pain at 8.30 a.m. today when her statement was recorded. Sd/- (Rajinder Sharma) Executive Magistrate U.T. Chandigarh. 13.9.1987." 16. Thus the reading of above statement would show that the deceased was fed up with her life because she was nagged and rebuked by none else but her own mother-in-law. She has given a clean chit to other members of the family which is a very big circumstance to show that the deceased was not telling a lie before the Executive Magistrate who prepared memo Ex. PC regarding the statement of Raj Rani. I also cannot lose sight of the fact that the deceased was a young girl of 22 years and her marriage was only one year old. She had given birth to a female child and in these circumstances she would be the last lady on the earth to adopt the extreme step of suicide till compelling circumstances had been created either by her husband or relative of her husband. The second statement of Raj Rani is Ex. PK which was recorded by SI Vijay Kumar on 13.9.1987 after obtaining the opinion of Dr. Sandhu who gave his opinion on 13.9.1987 at 7.15 a.m. that the patient was fit to make statement. This statement is a very small one and in all probabilities it must be true because there were 80 per cent burns of second and third degree on the person of Raj Rani. Question No. 1 is : what is your name ? Answer : Raj Rani. Question No. 2 : What is the name of your father ? Answer : Lal Chand, again stated Phool Chand Ambala. Question No. 4 : In which house do you reside and in which sector it is situated ? Answer : 1145, Sector 19-B, Chandigarh. Question No. 5 : Today how you get fire ? Answer : Of its own. I do not want to live. Answer : Lal Chand, again stated Phool Chand Ambala. Question No. 4 : In which house do you reside and in which sector it is situated ? Answer : 1145, Sector 19-B, Chandigarh. Question No. 5 : Today how you get fire ? Answer : Of its own. I do not want to live. Everyone was fed up with her and now they will become comfortable (Sub dukhi the sukhi ho jainage). The learned counsel appearing on behalf of the appellant submitted that in answer No. 5 the deceased had stated that she had sustained the fire of her own and, therefore, it is a case of accidental fire. I do not want to subscribe to the argument raised by the learned counsel for the appellant. Answer No. 5 has to be read as a whole. The deceased has categorically stated that she did not want to live as everybody was fed up of her and now they would become comfortable. This answer has to be read in the light of other evidence which has been brought by the prosecution on the record. This answer is clearly suggestive of the fact that the deceased was subjected to cruelty and everybody was nagging or rebuking her. Perhaps they were pin-pointing the faults and this was the background which led the lady to adopt the extreme step of suicide. In this regard now we would have to bank upon the statement of PW2 Bishan Devi, mother of the deceased, who deposed that one year back the marriage of Raj Rani took place with Shiv Kumar. After the marriage the deceased lived in the house of her husband bearing No. 1145. His mother i.e. the appellant was also residing with him. After the marriage the deceased on 2/3 occasions as and when she met with her complained against the conduct of the appellant by saying that the appellant had been finding fault with her family background and mannerism. The deceased also complained to her mother that the appellant had been telling her son to remain away from the deceased as her shadow would have ominous influence on him. The deceased further disclosed to the mother that the appellant was checking her from taking her food also. The above statement of Bishan Devi, in my opinion, should be believed because she is none else but the real mother of the deceased. The deceased further disclosed to the mother that the appellant was checking her from taking her food also. The above statement of Bishan Devi, in my opinion, should be believed because she is none else but the real mother of the deceased. A woman whose marriage is only one year old would be the first person to confide about the affairs of her in-laws to her mother. Bishan Devi has further deposed that the deceased gave birth to a female child. It was a caesarian birth. After the deceased had returned to the house of her in-laws she visited there and presented her with customary articles. At that point of time the deceased also told her that her mother-in-law was not permitting her to take rest and that she was taunting her by saying that she had given birth to a female child and it has become a burden on the family, further it has come in the statement of PW2 Bishan Devi that her daughter disclosed her that her mother-in-law had stated that in case the deceased dies she will be get rid of her. Now we have to see whether the above substantive statement made on oath by PW2 Bishan Devi coupled with the fact that the deceased disclosed before the police as well as before the Executive Magistrate that everybody was fed up of her would amount to an act of abetment. In Naveen Kumar v. State of Haryana, 1998(3) RCR(Criminal) 564 this Court dealt the point of abetment as defined in Section 109 read with Section 306 of the Indian Penal Code and it was observed that the act of abetment can even be by conduct and it can also be by omission. But there must be some direct nexus between the alleged act of abetment and the death. In the present case it stands established from the dying declarations of the deceased as well as from the statement of the mother Smt. Bishan Devi that there was a maltreatment on the part of present apellant who had been nagging and condemning unnecessarily to the deceased. We all know that the ladies are very sensitive by nature. They can tolerate every insult qua them but it is difficult for them to bear the insult vis-a-vis their portents. Even after the birth of female child the deceased was subjected to cruelty and nagging. We all know that the ladies are very sensitive by nature. They can tolerate every insult qua them but it is difficult for them to bear the insult vis-a-vis their portents. Even after the birth of female child the deceased was subjected to cruelty and nagging. In Satvir Singh v. State of Punjab, 1999(1) RCR(Criminal) 27 the scope of Sections 306 and 498-A was considered by this court and it was observed that creating such circumstances in the family either by giving taunts etc. would be an act of abetment and cruelty for the purpose of Sections 306 and 498-A I.P.C. Giving taunts to the daughter-in-law that she does not know how to prepare meals; that her parents had not taught her how to live in a family or levelling unfounded allegations with an intent to bring hatred, humiliation, insult, ridicule, make small a woman, suggestive taunts so that a woman may commit suicide or lead herself to commit suicide, are few illustrations of abetment on the part of a wrong doer. Here in the present case also the treatment of the appellant qua the deceased was such that it had dragged the latter to adopt the extreme step of suicide and, therefore, I am in agreement with the learned trial Court that the three dying declarations made by the deceased are consistent and lead to only one hypothesis that the deceased was subjected to cruelty and abetment by the appellant, the deceased made dying declarations before her mother, then before the Investigation officer and thereafter before the Executive Magistrate and all these statements lead to only one conclusion that the deceased was forced to adopt this step on account of the cruel behaviour of the appellant. All the three dying declarations, in my opinion, have been made by the deceased while she was capable of making rational judgment irrespective of the fact that the written dying declarations of the deceased were cryptic and it is not a ground to reject the same that the deceased must be in pain on account of the burns of second and third degree. The very fact that the deceased does not name her husband as an accused would show that her dying declarations made before the police and the Magistrate are true. The very fact that the deceased does not name her husband as an accused would show that her dying declarations made before the police and the Magistrate are true. The moment the offence under Section 306 I.P.C. is proved, we can certainly take the aid of Section 113-A of the Indian Evidence Act. Thus I affirm the findings of the learned trial Court that the appellant was responsible for the commission of the offence under Sections 306 and 498-A I.P.C. 17. Faced with this difficulty the learned counsel for the appellant submitted that the appellant is a lady and he may be visited with leniency in the matter of sentence. According to the learned counsel for the appellant, his client was aged about 50 years at the time of trial, the conviction was recorded in the year 1989 and now she must have become an old lady, if surviving, of the age of 64/65 years. I have considered this submission. I cannot lose sight of the fact that on account of the abetment of the appellant a human soul has been lost. Still I would like to extend the benefit to the appellant in the matter of sentence keeping in view the fact that the appellant is suffering the vagaries of the criminal proceedings for the last more than 15/16 years as the occurrence took placed on 13.9.1987. The appellant was taken into custody on 17.9.1987. Therefore, the substantive sentence of the appellant under Section 306 I.P.C. is hereby reduced to one year. Similarly her substantive sentence under Section 498-A I.P.C. is reduced to nine months. Both the sentences shall run concurrently. The imposition of fine on both the counts is not disturbed. 18. With above modification in the matter of sentence the appeal of the appellant is hereby dismissed. 19. Let intimation about the dismissal of the appeal be sent to Chief Judicial Magistrate, Chandigarh who shall call upon the appellant to serve the sentence as awarded by this Court.