STATE Vs. HARBANS LAL
LAWS(DLH)-1983-8-34
HIGH COURT OF DELHI
Decided on August 05,1983

STATE Appellant
VERSUS
HARBANS LAL Respondents


Referred Judgements :-

BALAK RAM MOHD SAYEED KHAN VS. STATE OF UTTAR PRADESH [REFERRED TO]


JUDGEMENT

AGGARWAL, J. - (1.)THIS is an appeal by the Delhi Administration against the judgment of Mr. B B Gupta, Additional Sessions Judge, whereby the Additional Sessions Judge had acquitted the respondent Harbans Lal of the charge of burning his wife on 22nd October, 1974 at about 4.40 a.m.
(2.)THE deceased Veena (also referred in the evidence as Rani) daughter of Karam Chand (PW 2) was married to the accused Harbans Lal about 14 month's before the occurrence. The said marriage was brought about by Mrs. Prem Ahuja (PW 1), a daughter of the cousin sister of PW 2. During the period of 14 months the respondent had failed to consummate the marriage. The accused in his statement at the trial has stated that he was impotent. The wife had gone to the house of her parents and returned to the matrimonial home about a month and half before the occurrence. There is no clear evidence as to when she had gone to the house of the parents. We shall discuss the importance of this aspect of the case a little later.
The accused and the deceased resided at house No. D.19, Kirti Nagar. PW 1 with her husband resided in D-13, Kirti Nagar. The visual site, plan Ex. PW 14/C shows that the back side of D-13 faces the house D-19. There is a service lane in between the two houses. 'Both the houses have boundary, walls to a height of about 9 or 10 feet.

(3.)THE prosecution case as disclosed by PW, 1 is that on the morning of 22nd October 1974 at about 4 45 a.m. she was preparing milk for feeding her child when she heard the cries "MAR GAYA, BACHAO BACHAO" coming from house No. D-19, that she went to the door of the said house and knocked at the door, that a lady tenant of that house came out and told her "JAL GAI JAL GAI", that after 'sometime Harbans Lal came out of the house and on her enquiry Sita Devi told her that he (Harbans Lal) was going to contact her maternal uncle on phone who was living at Fatehpuri, that she saw Rani, wife of the accused, in the bath room and some ladies were pouring tea in her month, that Ram Lal uncle of the accused came and she and Ram Lal removed Rani to the hospital.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.