JUDGEMENT
R.P.NAGRATH, J. -
(1.) THE appellant faced trial for offences under Sections
498 -A and 304 -B IPC. FIR was registered on the statement of Krishna, mother of the deceased. Marriage of appellant and
Monika (deceased) was solemnized on 14.02.2009. The in -laws of
the deceased had been making demands of cash amount. Once
Monika had taken an amount of Rs. 1000/ - from her mother and
handed over the same to her husband. Even thereafter they had
been making demand of more cash amount. Whenever Monika
was not able to bring money, the appellant and his parents used to
physically torture and harass her. Krishna called her daughter and
tried to make her in -laws understand but they did not relent.
Monika stayed with her parents for four months and about 20 days
before her death, Sube Ram uncle of the petitioner and the
appellant took the deceased to the matrimonial home.
(2.) IN her statement Ex. PH made to the police, Krishna stated that on 22.06.2010 she received a missed call from Monika
on her mobile phone at about 4.30 p.m. Krishna called back
Monika who told her that appellant and his parents had been
beating her for not bringing money. After about half an hour i.e. at
5.00 p.m. the appellant made a phone call, intimating that Monika had set herself afire by pouring kerosene. It was also told that they
were taking Monika to Post Graduate Institute of Medical Sciences,
(PGIMS) Rohtak. Krishna and her husband Pawan Kumar and
other family members reached PGIMS at about 7.30 p.m. They
went to emergency ward and enquired from Monika as to what had
happened. Monika told that the appellant and his parents had
poured kerosene on her forcibly and set her ablaze with a
matchstick. She also told that she was brought to PGIMS by
neighbourers.
Monika succumbed to burn injuries at about 11.00 p.m. on 22.06.2010 itself. On the statement Ex. PH recorded by police
at 6.30 a.m. on 23.06.2010, FIR Ex. PD was registered. FIR Ex.
PD had reached the Area Magistrate at 03.00 p.m. on 23.06.2010
as evident from the endorsement made by the Magistrate thereon.
(3.) THE proceedings Ex. PK/2 recorded on the statement Ex. PH would indicate that the police got information telephonically
from PGIMS Rohtak. The police party headed by PW -18 SI Raj
Kumar of the police station reached the hospital. SI Raj Kumar
made application (Ex. PK) to the doctor concerned at 11.50 p.m.
seeking his opinion as to whether the victim was fit to make
statement. The doctor made report Ex. PK/1 at 11.55 p.m. on the
same day that the victim who was admitted with 95 -100% of burns
had expired at 11.00 p.m. on 22.06.2010. In the police
proceedings it was also recorded that there was no family member
of the victim present in the hospital at that time. In the morning,
the mother of the deceased met the police party and her statement
was recorded. These facts have also been testified by PW -18
during the trial.;
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