AMAR DUTT, J. - (1.) THE State of Haryana has filed the present appeal to challenge the judgment of acquittal of the respondent of the charge framed against him passed by the Sessions Judge, Gurgaon on 22.12.1997.
(2.) BRIEFLY stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that the respondent was living with his wife Hiramani and children in House No. 155, Vishnu Garden, Gurgaon, which had been constructed by him about 5/6 years ago. Being employed in Delhi, he used to commute daily to his place of work, probably, on account of the fact that he suspected the fidelity of his wife. Invariably after returning from his place of work, he would not only enquire from his wife as to how many husbands she had but also would beat her. On account of this Raj Kumar brother, Ram Phal, father and Imrat mother of Hiramani had gone to the house of Devinder and made efforts to convince him that his apprehensions were ill-founded. After giving them their advice, they had returned to their residences. On 20.4.1995, when in the morning Devinder, Hiramani and Pinki Lata their daughter were present in their house, Devinder started beating Hiramani. He kept on telling her that henceforth she would not move out of the house and he would continue to beat her in this manner. At about 4.00 p.m., Hiramani bolted the door from inside and after sprinkling kerosene on her body set herself ablaze. This occurrence was witnessed by Devinder, who was standing outside the room. Pinki Lata, who was aged about 12/13 years tried to put off the fire by throwing water from the window. She knocked at the door but her father told her that it would not be of any use. On the noise being raised by her, the neighbourers came there and stated to break open the door but they were not permitted to do so by Devinder. According to Pinki Lata, her mother died by putting herself on fire as she was fed up with the daily atrocities of her father.
(3.) LATER in the day, when Pinki Lata was proceeding to Police Station to lodge the report, she met ASI Sumer Singh PW-9 in Rajindra Park and narrated her version to him on the basis whereof formal FIR Ex. PW/1 was recorded under Section 306 of the Indian Penal Code.;