RAKESH KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal is directed against the judgment dtd. 26/10/2012 passed by learned 1st Additional Sessions Judge, Jammu, whereby the appellant has been convicted of offences under Sec. 302 and 498-A RPC. The appellant has also challenged order dtd. 3/11/2012, whereby, in proof of offence under Sec. 302 of RPC, he has been awarded death sentence.

(2.) Briefly stated, case of the prosecution is that the appellant, who happens to be the husband of deceased Nina Devi, was harassing her and treating her with cruelty in connection with demands of dowry. It is alleged that on 14/3/2007, in the morning at about 10 O'clock, when the deceased had an altercation with the appellant, he dragged her by putting dupatta around her neck, whereafter he set her ablaze after sprinkling petrol over her. The father and aunt of the appellant, who were present in the house at the relevant time, doused the fire and shifted the deceased to the hospital but the appellant fled away from the spot. In the hospital, while the deceased was undergoing treatment, she made a dying declaration that was recorded by PW Constable Fazal who had been deputed to the hospital by SHO, P/S R. S. Pura, for the said purpose. The aforenamed Constable recoded the dying declaration of the deceased in presence of the Magistrate after seeking permission from the concerned doctor. The deceased in her statement disclosed that she had entered into wedlock with the appellant about one and a half years back and out of their wedlock, a male child was born. She further stated that the appellant was harassing her in connection with demands of dowry and on the fateful day i.e., on 14/3/2007, she was done to death by the appellant in the manner as indicated hereinbefore.

(3.) On the basis of the statement made by the deceased, FIR No.17/2007 for offences under Sec. 498-A and 307 RPC was registered and investigation of the case was set into motion. However, in the evening of 14/3/2007, the deceased succumbed to the injuries, as such, in place of offence under Sec. 307 RPC, offence under Sec. 302 RPC was substituted. After investigation of the case, charge sheet was laid before the competent court. The trial court vide order dtd. 1/6/2007, framed charges for offences under Sec. 302/498-A RPC against the appellant and his plea was recorded. The appellant denied the charges and claimed to be tried. Accordingly, the prosecution was directed to lead evidence in support of the charges. Out of 14 witnesses cited by the prosecution, 13 witnesses have been examined during trial of the case. After the completion of prosecution evidence, incriminating circumstances appearing in the prosecution evidence were put to the appellant/accused to seek his explanation and his statement under Sec. 342 of J&K Cr. P. C was recorded on 29/8/2012. In his statement, the appellant claimed that he never made any demand of dowry from the deceased and that the prosecution witnesses have deposed falsehood. The appellant further claimed that he has been falsely implicated and at the time of the occurrence, he was not present in the house. He has further stated that at the relevant time, he was in the house of his neighbourer which is located at a distance of 200 meters from his house. He went on to state that a person called him and he went to his house where he found his wife in a burnt condition. He further stated that he carried his wife to the hospital at R. S. Pura and thereafter to GMC, Jammu. He has also stated that he informed his in-laws on telephone and that his wife was not in a condition to make any statement.