A.N.JINDAL,J - (1.) SATYA Wanti (mother-in-law), Rachna Devi (sister-in-law) and Sukhdev Raj (husband), all the respondents were tried in case FIR No. 22 dated 14.3.1994 under Section 302/498-A/304-B/34 IPC Police Station City, Batala for burning Anju Bala to death on account of demand of dowry. The accused- respondents (hereinafter referred to as 'the respondents') were tried for the aforesaid offenes and were acquitted vide judgment dated 28.1.1998 passed by the learned Additional Sessions Judge, Gurdaspur.
(2.) IT is another example where a weaker sex had to suffer on account of the atrocities meted by her at the hands of her in-laws and had to face death- knell for not meeting their demands. Equally is the apathy that the blood of her own sister Babb, (a next door neighbour, who was the first to take her to the hospital) became white, she resiled and did not support her cause (deceased) during the cross-examination, obviously for the material gains and had no courtesy with the departed soul as she being no more in this world could ever come to accuse her for her fault. However, much has been left for the court to re-appreciate for determining the legality of the judgment. The factual matrix of the case is that Anju Bala had two brothers and four sisters, and she was the youngest. She was married to the accused Sukhdev Raj about 1-1/2 years prior to her death. She died other than in normal circumstances at the house of the accused within 7 years of her marriage. The occurrence took place at 7.00 PM on 14.3.1994 and as per allegations she was burnt to death by the accused. She was taken to the Civil Hospital, Batala by Babb w/o Balwinder Kumar who had come immediately after the occurrence. On receipt of the information from the doctor Civil Hospital, Batala, SI Balbir Singh (PW9) reached the hospital and after obtaining the opinion Ex.PE/1 on the application Ex.PE, recorded statement of Anju Bala Ex.PF (later on converted into dying declaration) which reads as under :- "We are two brothers and five sisters. I am youngest among them. I was married with Sukhdev Raj son of Om Parkash, resident of village Dhaki Mohalla, Batala, about 1-1/2 years back. At the time of marriage my parents gave sufficient dowry. I am youngest from my brothers and sisters. My parents used to fulfill my every demand. But my husband used to beat me. They used to say me for bringing more dowry. On 12.3.1994 my parents sent entire furniture, articles, Godrej Almirah and utensils to my house, but even then my husband was not satisfied and started demanding more dowry. My mother-in-law Satya Devi and husband used to beat me badly and say that they will not adjust me in the family as I had brought less dowry. The house of my aunt Darshna wife of Krishan Lal also adjoins our house. Today in the morning my husband again slapped me and my aunt Darshna witnessed the entire occurrence. Then my mother-in-law gave me beating. My sister-in-law (Nanad) Rachna Devi wife of Ashok Kumar resident of village Marrar also used to beat and taunt me for bringing less dowry. Today, I was on fast of Monday. My mother-in-law told me for preparing and bringing tea for her to which I replied that I was on fast and I could not use salt. At this she replied that I could bring sugar from my father. Today at about 7.00 PM, milk container placed on herth was boiling which overflowed, then my mother-in-law gave me filthy abuses and poured kerosene on my clothes and set me ablaze by igniting a match-stick. My clothes caught fire and my entire body, face, arms and abdomen were burnt. I raised hue and cry, then my elder sister Babb wife of Balwinder Kumar who resides in my neighbourhood came on the spot and removed me to Civil Hospital, Batala. My mother-in-law has set me ablaze at the instance of my husband and sister-in- law because they used to say me "I have brought insufficient dowry". They were harassing me very much. Action be taken against them. Attested Sd/- Balbir Singh SI, P.S. City, Batala Sd/- Anju Bala in English"
(3.) SI Balbir Singh after completing the statement at 8.20 PM sent ruqa Ex.PF to the police station, on the basis of which, FIR was recorded under Section 307/498-A IPC at Police Station City, Batala at 8.55 PM. Ultimately, Anju Bala succumbed to the injuries on 4.4.1994. The completion of the investigation, was followed by the charged report.;