A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Rajnesh Oswal and Justice Rajesh Sekhri, uphold the life-imprisonment of husband, mother-in-law and sister-in-law in dowry death case.
The prosecution story as it emerges from the charge-sheet is that the statement of the deceased-Sita Devi was recorded by ASI-Babu Ram along with Head Constable-Gushu Ram and was produced in the Police Station on 16.06.1998. The deceased had stated that she got married with Balwinder Singh-appellant No. 2, 4/5 months ago. After sometime of marriage, her in-laws started taunting her and also started beating her without any cause. They used to taunt her on small issues such as she has not prepared the right food and sometimes they used to say that she has not cleaned the utensils properly. Today, in the morning, all the accused persons quarrelled with her and thereafter went for work. After coming back at about 4.15 P.M., accused-Babli Chowdhary and Neelam Chowdhary caught hold of her in presence of all the family members and started abusing and beating her. In the meantime, her mother-in-law (Pichi) brought a gallon of kerosene oil. While both the sisters-in-law caught hold of her, her mother-in-law sprinkled kerosene oil upon her and then brought a match stick. The other family members were shouting that she be killed today and thereafter, the mother-in-law ignited the fire with the match stick. She ran outside towards a tub of water, but by that time her whole body was burnt. She has been brought to Hospital by her husband. She is in full senses. The statement was read over to her and she acknowledged the same to be correct. On receipt of this statement, FIR for commission of offence under Sections 307/34 RPC was registered. Sita Devi succumbed to the injuries and thereafter the offence was converted from 307 RPC to 302 RPC. After completion of investigation challan was presented and on February 14, 2005 1st Additional Sessions Judge Jammu convicted the appellants for commission of offences under Sections 302/498-A/149 RPC and have been sentenced to life imprisonment along with fine of Rs. 5000/- each, for commission of offence under section 302/149 RPC and imprisonment for one year and fine of Rs. 1,000/- each for commission of offences under Sections 498-A/149 RPC.
The Division Bench after hearing Sr. Adv Sunil Sethi assisted by Adv Mohsin Bhat for the appellant whereas Additional Advocate General Amit Gupta for the UT, observed that the appellants though have led evidence in defence but the same is not trustworthy and in fact becomes meaningless in view of the cogent and strong evidence led by the prosecution.
DB after perusal of the judgment impugned, found that the trial court has dealt with all the issues raised by the parties very aptly. The trial court has passed a well reasoned judgment by placing reliance upon the various pronouncements of Apex Court. DB considered the contentions raised by the appellants but we have not been able to persuade ourselves to take any view other than that of trial court.
DB found that present appeal is without merits and and further observed that the appeal so far as Bir Singh (now dead) is concerned, stands abated and the appeal qua the other appellants is dismissed. The judgment dated 14.02.2005 passed by the Court of 1st Additional Sessions Judge, Jammu in File No. 59/Sessions titled “State versus Bir Singh & Ors.” is upheld and the sentence awarded to the appellants Balwinder Singh, Babli Choudhary and Neelam Choudhary is confirmed. The appellant Nos. 2 to 4 are on bail. Their bail bonds are cancelled and they are directed to surrender before Superintendent, District Jail Jammu within a period of four weeks from today taking into consideration the old age ailments of Babli Choudhary (mother-in-law). On failure to surrender by the appellant Nos. 2 to 4 within aforesaid period, the trial court shall proceed in accordance with law, DB said. JNF