IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 116 of 1996 Decided on: 7.10.2009 _______________________________________________________ State of H.P. ….Appellant Versus Shakuntla Devi and another ……..Respondents. Coram Hon’ble Mr. Justice Surjit Singh,J Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? For the appellant : Mr. Ramesh Thakur Assistant Advocate General. For the respondent s : Mr. Ramesh Sharma, Advocate, vice Mr. N.K. Thakur, Advocate. ____________________________________________________ SURINDER SINGH, J (Oral) The respondents were put on trial for the offence under Section 302 and alternatively under Section 306 of the Indian Penal Code. The learned trial court acquitted the respondents. The State felt aggrieved by the judgment of acquittal passed by the learned Sessions Judge, hence this appeal. In brief, prosecution case can be stated thus. In the year 1985, Smt. Asha Devi was married to Ram Kumar, son of respondent Shakuntla Devi in village Behdala. During this wedlock, she gave birth to a son and a daughter. Said Ram Kumar was employed at Ludhiana, whereas Smt. Asha Devi was residing in her matrimonial house in village Behdala with her mother-in-law Shakuntla and respondent Maya Devi, sister-in-law (Jathani). It is Whether reporters of the Local papers are allowed to see the judgment? - 2 - alleged that after the marriage of Asha Devi, her relations became strained with them. Thus she started living separately. On 8th May, 1993 at about 4.20 p.m. said Smt. Asha Devi was found lying with burn injuries in her room. The police was informed telephonically; by the Pradhan of the Gram Panchayat that wife of Ram Kumar had tried to self-immolate her. This information was recorded in the daily diary, copy of which is Ex.PF. PW-11 SI Kishan Chand proceeded to the spot and found Asha Devi lying naked with burn injuries in her room. The police Officer tried to find out the cause of the incident from her, but she did not disclose anything. Thereafter she was sent to the hospital for the treatment in the police vehicle. In the meantime, SI Kishan Chand requested PW-1, Tek Chand, the then Executive Magistrate, Una to reach the hospital for recording her statement. The medical examination of Smt. Asha Devi was conducted by Dr. S.P. Kanwar. During her examination, found her conscious and cooperative. Her body was emitting the smell of kerosene-oil but she was not having any clothes on her body. Doctor noticed sooty blackening present and signing of hairs and skin was peeled of at many places. She was having extensive burns mostly of 3rd degree at places and at some places of 2nd degree, sparing only part of back and part of right arm. There was no sign of infection. The extent of burns was 80%. Duration of injuries was opined to be within 24 hours. To this effect doctor issued the Medico-Legal Certificate, Ex.PB. On the request of the police PW-1 Tek Chand, the then Executive Magistrate visited the hospital at about 6.00 p.m. Doctor opined Smt. Asha Devi fit to make statement. Shri Tek Chand recorded her statement Ex.PA in the presence of doctor whereby - 3 - she alleged that the respondents doused her in kerosene oil and set her on fire. SI Kishan Chand (PW-11) sent the Ruka for the registration of the case, on the basis of which FIR for the offence under Section 307 read with Section 34 of the Indian Penal Code, was registered. Smt. Asha Devi was hospitalized and her condition became critical. Thereafter she was referred to PGI, Chandigarh where she died on the next day, i.e. 9th May, 1993 at about 6.00 p.m. Cause of death was opined to be sustaining off the extensive burn injuries. Thus, the FIR was converted under Section 302 read with Section 34 of the Indian Penal Code. When the investigation of the case was in progress, on getting information of the incident and contents of Ex.PA, PW-10 S.R. Sharma, Additional Superintendent of Police also visited the spot at about 7.30 p.m. on 8th May, 1993. On inspecting the room where Smt. Asha Devi was stated to have been allegedly burnt, he became suspicious about the correctness of her version made before the Executive Magistrate. Therefore, he tried to ascertain truth from the other members of the family of Asha Devi who were found present in the house, but they denied their involvement in the occurrence. Thus he took minor child of the deceased, Rinku (PW-5) in confidence. On his enquiry he came out with a different story. He took the police officer outside the house near a Keekar tree where according to him; his mother allegedly put herself on fire. PW-10 aforesaid found substance in his version. He found and took into possession burnt clothes, some pieces of burnt skin and a match box (Exs.P-6 to P-8) from the spot. He also recorded the statement of Rinku aforesaid and came to the conclusion that it - 4 - was a case of suicide and not of murder as alleged. Thereafter, the police started working on a theory, as to what was the reason to take such an extreme step by the deceased. The police recorded the statement of PW7 Madan Lal, the brother of the deceased and the result of the investigation was that the respondents had subjected Asha Devi to cruelty, which drived her to commit suicide. Thus the Challan was presented in the Court for the trial of the respondents. On going through the police report and the documents appended thereto, the Court of Sessions found a prima facie case against the respondents under Section 302 read with Section 34 of the Indian Penal Code and alternatively under Section 306 of the Indian Penal Code for abetting her to commit suicide. Respondents abjured their guilt and claimed trial. To prove the case, the prosecution led its evidence and the respondents were also examined under Section 313 of the Code of Criminal Procedure. They denied the circumstances which were found attended upon each of them. When they were called upon to enter their defence, they did not lead any evidence in defence. At the end of the trial, the respondents were acquitted. Having felt aggrieved, the State has filed this appeal. We have heard learned counsel for the parties and have carefully examined the evidence on record. At the very outset we would like to say that for want of cogent and convincing evidence, none of the charges against the respondents could be proved, as such finding of acquittal recorded by the learned trial court cannot be interfered with for the reasons herein below. - 5 - Admittedly, said Smt. Asha Devi had died due to burn injuries received on 8th May, 1993. The charge of murder against the respondents revolves around her dying declaration Ex.PA recorded by PW-1 Tek Chand, the then Executive Magistrate, wherein she alleged that on 8th May, 1993 she was lying in her room on the bed, in the meantime, both the respondents came there. Respondent Shakuntla Devi poured kerosene oil on her and respondent Maya Devi lit the fire with the match stick, thus she got burn injuries. Although, this statement has been proved by PW-1 aforesaid, but it stands falsified by statement of PW-5 Rinku, her son and PW-10 aforesaid. PW-5 stated that his mother had tried to self-immolate her, near Keekar tree standing in the fields close to their house in his presence. He described the incident in his own words that she first tore off her Dupatta and soaked it in the kerosene oil which was taken from a plastic cane. Thereafter she sprinkled kerosene oil on the front portion of her body and then put herself on fire with a match stick. Then she came to the house and laid herself on the floor of the room. On seeing this, he started weeping and went to his grandmother Shakuntla Devi, who was sleeping in her room in the old house and informed her. PW-10, S.R. Sharma, Additional Superintendent of Police on reaching the spot, contacted said Master Rinku and it was he who led him to the Keekar tree where Asha Devi committed the above act as stated above. He also found corroborative evidence on the spot in the form of burnt cloth, some pieces of burnt skin and a match box (Exs.P-6 to P-8) and the same were taken into possession vide memo Ex.PE. He admitted in his cross- - 6 - examination that from the inspection of the spot and his enquiry revealed that it was a case of suicide by Asha Devi. On the scrutiny of the above evidence, we find that the statement Ex.PA given by Asha Devi to the Executive Magistrate was absolutely false. She had attempted suicide, which fact also stands established by other proved circumstances on record. When police visited the spot, Asha Devi was lying naked with burn injuries, on her bed. There was no cloth on her or near her body except Ex.P.1 (a piece of cloth) which was lying in the room. None of the articles was found burnt or half burnt in the room. The police or any other witness of the prosecution did not say that they had seen any sign of burning mark any where in the said room. These circumstances conclude that the alleged occurrence did not take place in the room in the manner stated by Asha Devi in Ex.PA. Further, PW-7 Madan Lal, the brother of the deceased also, stated that on hearing about the said incident, he alongwith his brother Baldev came to the hospital around 7/8 a.m. and enquired about the incident from her. On their enquiries, she revealed that because of some dispute with the respondents, she sprinkled kerosene oil on her and lit fire. Significantly, she did not tell anything about the dispute and its cause. Although, he stated that Smt. Asha Devi used to write that she was not feeling comfortable in the house of the respondents, but he could not produce any letter to this effect. Further, according to him, he had visited the house of the respondents 2-3 times but he did not take up this matter with anyone nor enquired about in such thing from the respondents. On the scrutiny of the entire evidence on record we find that Asha Devi was residing separately from the respondents many - 7 - months prior to the occurrence in a newly constructed room located in a thickly populated Mohalla. PW-4 Telu Ram, a co- villager of the deceased, stated that the deceased was of a hot temperament. Therefore, she was residing separately from the respondents. As already stated above, in absence of evidence which derived her to commit suicide, the Court cannot read between the lines. The allegations of cruelty and ill-treatment as alleged by PW-7 Madan Lal are very vague in nature and as such no definite conclusion can be arrived at. The respondents have neither been proved to have excited nor instigated her to take this extreme step. It appears that because of her hot-temperament and out of vengeance she lived separately from the respondents. She might be having some unhappy state of mind, when she decided to self-immolate her. In absence of cogent evidence, the reason to decide to end her life remains unexplained and is left for any body’s guess. Thus, it is also not a case for the conviction of respondents under Section 306 of the Indian Penal Code. For the reasons aforesaid, we do not find any merit in this appeal, therefore, it is dismissed. The respondents are accordingly discharged of their bail bonds entered upon by them at any time during the proceedings of the case. (Surjit Singh),J. October 7, 2009. (Surinder Singh),J. (rc)