SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and the order of sentence, both dated 3.6.1993, passed by the learned Additional Sessions Judge, Sonepat whereby appellant Satbir has been convicted under Section 307 IPC and appellants Daya Nand and Smt. Rajo under Section 307 read with Section 109 IPC and all three of them have been sentenced as under:Satbir appellant:

(2.) The prosecution story as has been brought in the evidence during trial is summed up thus:Smt. Simbal PW 7, the victim of assault in this case, was the wife of Satbir appellant. They were married about ten years prior to the occurrence which took place on 14.6.1991. Out of this wedlock, they had a daughter aged about 11/2 years. Appellants Satbir and Daya Nand are real brothers while appellant Raja is the wife of Daya Nand. It is alleged that appellant Satbir was having illicit relations with Smt. Rajo and on that account, he used to ill-treat his wife Smt. Simbal whenever she raised an objection, to their aforesaid illicit relations so much so that on many occasions he used to give her beatings. On account of the aforesaid illicit relations, Smt. Simbal had even left her husband and had gone to her parents but she was sent back by her parents to her husbandTs house in the hope that good sense will prevail on Satbir appellant. The prosecution case further is that Smt. Raja appellant never did any household work and it was Smt. Simbal who was made to do the entire household work. It is alleged that on 14.6.1991 at about 7 A.M., she picked up and threw only half of mingans of goats, leaving the rest as it was to be lifted by Smt. Raja. This was not liked by Satbir appellant who insisted upon Smt. Simbal to throw the remaining mingans also. Satbir allegedly got enraged and bolted her in a room and sprinkled kerosene Oil on her from a tin lying there and set her on fire. She came out of the room while raising an alarm and saw that her father-in-law, her mother-in-law and the three accused were present there. They were declaring that Satbir appellant would be remarried. In the meanwhile, her sister Bala happened to come there. She threatened them that they should take Smt. Simbal to the hospital or she would report the matter to the police. Under the threat, extended by her sister, Smt. Simbal was taken in a taxi by the accused and she was got admitted in Ram Manohar Lohia Hospital at New Delhi and medically examined by Dr. N. Sharma PW 5 on that very day at 11.30 A.M.

(3.) Dr. N. Sharma PW 5 vide medico legal report, copy proved as Ex. PE observed that as per history given by the patient, she had received burns on account of the bursting of stove. She was conscious, oriented with burns on face, head and neck, both upper extremities, abdomen, chest, both thighs and back approximately to the extent of 65%. Pulse rate was 90 P.M. The doctor administered injection TT 5 MI. intra muscular and referred her to surgical emergency. She was found fit to make a statement.