LAWS(HPH)-2013-8-99

SHANTO DEVI Vs. STATE OF H P

Decided On August 19, 2013
Shanto Devi Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Precisely, the case of the prosecution is that deceased Rajni Devi (24 years) was married to Subhash son of appellant, (65 years) hereinafter referred to as 'the accused'. He was working at Parwanoo. Admittedly, Rajni Devi committed suicide on 10.2.2005 by dousing herself in kerosene oil and set herself ablaze, i.e., within two years of her marriage. Immediately, accused as well as her husband Rikhi Ram removed her to hospital where she was treated by PW8 Dr. Atul Gupta. He noticed 90% burn injuries on her person and informed police. PW10 Inspector Gian Chand reached the spot and informed PW7 Neeraj Kumar Sub Divisional Magistrate Jawali. He visited the hospital at 3 p.m. and recorded her dying declaration Ext.PW7/A in the presence of the doctor whereby she alleged that the accused imputed allegations that she was having illicit relations with her father-in-law, which were unbearable to her and decided to finish her life in the aforesaid manner. She remained hospitalized till 23.2.2005 but she could not be saved and ultimately succumbed to her injuries.

(3.) Pw1 Mast Ram and PW2 Ajudia Devi are the parents of the deceased. On coming to know about the aforesaid incident on 10.2.2005, PW1 reported the matter to the police at 7.20 p.m. based upon the dying declaration already recorded by PW7 aforesaid. The inquest papers were prepared by police and applied for the postmortem which was conducted by PW9 Dr. D.P. Swamy. He noticed approximately 90% burns with the area of redness, pale, healed areas and pus formation at places. She is opined to have died of asphyxia, septicemia and toxemia, shock due to ante mortem superficial 90% burn injuries.