- (1.) In this appeal the appellant has assailed the judgment and order of the learned Sessions Judge, Kangra at Dharamshala dated 5-5-1998/14-5-1998 in Sessions Trial No. 1 of 1998 convicting him of the offence punishable under Sections 304-B and 498-A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years with a fine of Rs. 2,000/- under Section 304-B of the Indian Penal Code and to suffer rigorous imprisonment for one year under Section 498-A, I.P.C. and to pay fine of Rs. 500/-. In default of payment of fine, the appellant shall further undergo rigorous imprisonment for two months under both the counts. Both the sentences were ordered to run concurrently. The appellant Budhi Singh is the husband of deceased Smt. Veena Devi.
(2.) The deceased Veena Devi had married the appellant some time in 1992. Her parents are resident of Khadiar, Tehsil Jawali, District Kangra. Budhi Singh appellant is the resident of Kairan, Tehsil Nurpur, District Kangra. The incident giving rise to the criminal case took place on 19-7-1997 at about evening time when Veena Devi is alleged to have committed suicide by setting fire to herself in her husband's house, Kairan.
(3.) The gist of the prosecution case is that Veena Devi was brought to the Civil Hospital, Nurpur by her husband Budhi Singh on 19-7-1997 at about 10.40 p.m. after she had sustained extensive burn injuries. She succumbed to her burn injuries on the same night. Dr. M. K. Sexena (P.W. 1) informed the police telephonically, on which Inspector Jagan Nath, Station House Officer, Police Station, Nurpur rushed to the hospital. An application (Ext. PW-13/B) was moved by the Investigating Officer at about 11.15 p.m. seeking the opinion of the doctor whether Veena Devi was fit to give her statement, on which the doctor made an endorsement thatVeena Devi was fit to make the statement. The Investigating Officer recorded the statement of Veena Devi marked Ext. PW-8/A, which was attested by the doctor at point Ext. PW-18/D. Her statement was sent to Police station at 11.40 p.m. for registration of the case on the basis of which F.I.R. Ext. PW-8/B came to be registered at Police Station, Nurpur. In her statement Veena Devi disclosed that she was being harassed and tortured by her husband for not bringing sufficient dowry. He was demanding coloured Television, Cooler and Godrej Almirah and so she poured kerosene oil on herself and set herself on fire. The Sub-Divisional Magistrate, Nurpur was also informed by the Station House Officer who recorded the dying declaration statement Ext. 6/C of Veena Devi. In that dying declaration Veena Devi disclosed that due to the demand of dowry by her husband she poured kerosene oil on herself and thereafter set herself on fire.;