Crl. Misc. No. M-24531 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24531 of 2008 DATE OF DECISION: January 13, 2010 Krishna Rani .........PETITIONER(S) VERSUS Kaushalaya Devi and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: None for the petitioner. Mr. A.S. Brar, Sr. DAG, Punjab. AJAI LAMBA, J. (ORAL) This petition under Section 482 Cr.P.C. is directed against order dated 10.04.2006 Annexure P-2 passed by Judicial Magistrate, Ist Class, Jalandhar whereby criminal complaint titled Krishna Rani @ Krishna Devi @ Kaushalaya Devi for commission of offence under Section 306 IPC has been dismissed. The petitioner aggrieved by the same carried a revision which also has been dismissed vide order Annexure P-3 dated 01.09.2008. In the present case, notice of motion was issued on 22.09.2008. On 18.12.2008, none appeared for the petitioner and, therefore, it was directed by this Court that learned counsel for the petitioner be notified. Thereafter the matter has been adjourned for one reason or the other. Today, none has put in appearance for the petitioner. Sequence of facts as it emanates from the available file indicates Crl. Misc. No. M-24531 of 2008 2 that Rita @ Anita d/o Kaushalaya Devi and Hans Raj was married to Bhupinder Kumar s/o petitioner Krishna Devi. On 05.04.2003 Rita @ Anita was admitted in Civil Hospital, Jalandhar with burn injuries. She gave her statement to Judicial Magistrate, Ist Class, Jalandhar stating that she was married five years back with Bhupinder @ Tinku. There was quarrel amongst the members of the family. There was no issue from the wedlock. Bhupinder Kumar had poured kerosene oil on Rita @ Anita and set her on fire. When she caught fire, even the husband caught fire and received burn injuries. It was further stated that her in-laws used to harass her. Father-in-law Devi Dayal, mother-in-law Krishna Devi were also present in house at that point in time, however, none tried to save her. Dimple, Rajni and Jyoti, sisters-in-law (sisters of the husband Bhupinder Kumar) also allegedly harassed her. On the basis of the statement, FIR bearing No. 52 dated 05.04.2003 under Section 307 IPC was registered in Police Station Division No. 8 Jalandhar against the petitioner Krishna Rani, Devi Dayal, Dimple, Rajni and Jyoti etc. On the death of Anita, Section 302 IPC was added. It transpires that trial in the said case has concluded and all the said persons have been acquitted vide judgment dated 29.03.2003. Statement of Bhupinder, who had also received injuries, was also recorded which is to the following effect:- “I was standing near the gate of my house. My wife started quarreling with me. She went inside and poured kerosene oil on herself. On getting the smell, I went inside and saw that she had set herself ablaze. I tried to save her by Crl. Misc. No. M-24531 of 2008 3 extinguishing fire. In this process I also caught fire. She was telling that she had taken Rs.55,000/- from her first husband and she shall leave me only after taking Rs.1,00,000/-. My mother-in-law has made our life a hell. I tried my best to save my wife. At that time my father and mother were not at home. I love my wife. Whatever has happened my mother-in-law Kaushalya is responsible for the same.” The petitioner Krishna Devi @ Krishan Rani filed a complaint under Section 306 IPC against Kaushalaya Devi i.e. mother of Anita on 29.09.2004 i.e. after one and a half years of the alleged incident. Considering the preliminary evidence available on record in the context of provisions of Section 306 IPC read with Section 107 IPC, the complaint has been dismissed. It has been concluded by the Magistrate that no offence of abetment to commit suicide of Bhupinder Kumar is made out even on perusal of the dying declaration of the deceased. To establish an offence under Section 306 IPC read with Section 107 IPC, it is imperative for the complainant to establish that the accused instigates a person to commit suicide. Death has to be on account of suicidal act. In the case in hand, perusal of the statement of Bhupinder Kumar @ Tinku reproduced in earlier part of the judgment itself shows that after quarrel with Bhupinder Kumar, Anita went inside, poured kerosene oil on herself. On getting the smell, Bhupinder Kumar went inside and saw that Crl. Misc. No. M-24531 of 2008 4 Anita had set herself ablaze. Bhupinder Kumar tried to extinguish the fire whereupon he also caught fire. The statement of Bhupinder Kumar, under the circumstances, indicates accidental death, and not death on account of any suicidal act. The statement of Bhupinder Kumar establishes that he caught fire while trying to extinguish fire on the person of Anita. Bhupinder Kumar caught fire while trying to save Anita. The later part of statement of Bhupinder Kumar to the effect that his mother-in-law had made their life hell or that his mother-in-law was responsible for what had happened, would in isolation not be sufficient to spell out commission of offence under Section 306 IPC. The act as a result of instigation has to result in suicidal death. In the case in hand, clearly, Bhupinder Kumar did not commit suicide. He was trying to extinguish fire on the person of his wife when he caught fire. It was, therefore, that accidentally he caught fire. It was not a suicidal act. I find no fault with the reasons assigned by Judicial Magistrate Ist Class. No ground for interference is made out. Dismissed. 13.01.2010 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?