A. S. Bains, J. - (1.) Nirmala Devi appellant (mother-in-law) of Rekha since deceased was convicted under section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000, or in default of payment of fine to undergo further rigorous imprisonment for nine months by the learned Additional Sessions Judge, Ludhiana. Her co-accused Balwant Rai (her husband) was given the benefit of doubt and acquitted. The appellant has challenged her conviction and sentence by way of this appeal.
(2.) The prosecution case as set up at the trial was as follows:- "Smt. Rekha since deceased was the elder daughter of Sat Narain (P. W. 5) who used to live at the back of the house of Balwant Rai husband of the appellant. Balwant Rai had a son by the name of Arvind Rai. Smt. Rekha, since deceased, and Arvind Rai used to get coaching from the same tutor and in that process they came to know each other and fell in love. Consequently, Smt. Rekha since deceased was married to Arvind Rai on Nov. 23, 1980. About one lac rupees were spent by Sat Narain on the marriage of Smt. Rekha. After the marriage Balwant Rai, husband of the appellant, shifted his residence to Textile Colony alongwith his family. It is alleged that after about 4/5 days of the marriage, Balwant Rai, acquitted accused, told Sat Narain P.W. that he had only one son but in spite of that he was given a very poor shagan and the dowry was packed in card-board and plywood boxes, meant for tea, due to which he was insulted among his relatives. Thus, Balwant Rai and his wife Nirmala Devi appellant were not satisfied with the dowry and found it insufficient. Four/five months thereafter, Sat Narain and his brother went to the house of the acquitted accused Balwant Rai in connection with Nirjala Ekadashi and presented Rs. 2,500 for the said festival but Balwant Rai told them that the amount was too insufficient to purchase anything for his relatives and, therefore, returned the amount. Sat Narain P.W. and his brother came back. Next day they again went to the house of Balwant Rai, acquitted accused, and offered the same amount to Balwant Rai who threw away the same and consequently Sat Narain deposited the amount in the Bank/account in the name of his daughter. Smt Rekha, since deceased. It is alleged that on account of insufficient dowry and the small amount presented to them, the appellant and her husband started maltreating their daughter-in-law Smt. Rekha deceased. The deceased started reporting to her mother Smt. Parkashwati P. W. 1 that the appellant and her husband had been telling her that she had brought too little a dowry and the appellant used to rebuke and taunt her. She also used to beat her. After every 5/7 days, Rekha deceased used to report on telephone to her mother that she was being maltreated by the appellant who taunted her and gave heating to her. Parkashwati P. W. used to console her by telling that the matter would improve with the passage of time when a child would be born to her and assured that she would tell her father, Sat Narain (P. W. 2) about it, and that at the time of child-birth, she (Parkashwati) would give her more presents."
(3.) On June 28, 1981, Parkashwati (P. W. 1) had gone to her parents at Amritsar to see her ailing mother. On June 30, 1981, she received a telephonic call from Rekha, since deceased, asking her to reach her place alongwith her father at the earliest as she was being beaten and maltreated by her in-laws. On July 1, 1981 at about 9.00 a.m. Sat Narain (P. W. 2) received a telephonic call from Rekha and found that she was crying. She asked him to reach soon and settle the matter with her in-laws. At about 10.30 or 11.00 a.m., Sat Narain and his brother Madan Lal went to the house of the appellant, where they heard the cries and found that Smt. Rekha was being brought out of the bath-room while still in flames. She was put on a cot and a servant threw water on her. Balwant Rai, acquitted accused, and her son Arvind Rai brought a car of a neighbour in which Smt. Rekha was carried to the Christian Medical College and Hospital, Ludhiana. On the same day at about 5.00 p.m., Parkashwati P.W. received another telephonic call from the sister of Sat Narain intimating that Rekha had set herself on fire and she should reach immediately. She alongwith her brother and his wife came to Ludhiana and reach the hospital, and found that Rekha was conscious but due burns she was in agony and could not speak. On July 2, 1981, Parkash Wati P. W. again met Rekha in the hospital and she told her that she had set herself on fire due to the mal- treatment at the hands of her in-laws (the appellant and her husband) on account of insufficient dowry.;