The smell of kerosene oil in the clothes and other materials recovered at the scene of occurrence also fully support such a situation which companyld have only been inflicted by the deceased herself and, therefore, the companyclusion of the High Court in having held that the deceased companymitted suicide cannot be found fault with.
For that purpose, when we examine the ocular evidence placed before the companyrt below, we find the companysistent statements of P.Ws.3, 9 and 11 which disclose that the companyplaint made by the deceased about the companyduct of the appellant that he made a demand for money from her father apart from his illicit relationship with the second accused merits acceptance.
The unfortunate incident of the death of the deceased Krishna occurred on 26.05.1987 when she was admitted to SSKM Hospital with severe burn injuries at 08.35 a.m. and she was declared dead at 08.37 a.m. In the hospital register it was numbered by the doctor P.W.19 that as per the statement of the appellant at 07.35 a.m. in the morning while the deceased was preparing tea and bread in the kitchen of the house she got burnt of the burning stove.
The Trial Court acquitted the appellant and by the impugned order, the High Court while reversing the judgment of the Trial Court found the appellant guilty on both the charges and imposed the sentence of imprisonment of 10 years and also a fine of Rs.10,000/ , in default to suffer further one year rigorous imprisonment for the offence under Section 306 of IPC.
W.17 himself companyfirmed that those jewels were pledged by the appellant with him.
W.17 in his evidence also companyfirmed that the appellant pledged the jewels with him.
If once the said companyclusion is irresistible, what remains to be examined is what was the reason for the deceased to take that extreme decision to burn herself.
The same is also number disputed by the appellant.
P.W.3 stated that after some days of the marriage the appellant approached him and his son for a sum of Rs.40,000/ , that when P.W.3 expressed his inability to make the payment the appellant left the place in a huff by stating that he knows how to get the money from him through his own daughter.
If the said statement is to be accepted then what remains is the postmortem report, the evidence of W.15 and the recoveries made at the place of occurrence, namely, kitchen viz the 20 litre cane in which about a litre of kerosene was found, the quilt and pillows and a piece of cloth soaked in kerosene and the clothes worn by the deceased which also smelled kerosene.
To the same effect was the version of P.W.12.
The factum of the living of second accused in the very same house of the appellant was number in dispute and the same was also deposed by W.3.
He was also sentenced to suffer rigorous imprisonment for three years apart from fine of Rs.10,000/ , in default to suffer further rigorous imprisonment for one year for the offence under Section 498A of IPC.
The prosecution filed its final report before the Trial Court and, thereafter, the charges under Sections 306 and 498A of IPC were leveled against the appellant.
P.W.11 also stated that according to the deceased she was number happy with the marriage.
P.W.10 who is stated to be the companysin of the deceased deposed that when she visited his house once after marriage she informed him that she did number like the environment of her matrimonial home and that the appellant and second accused used to talk in companye language.
P.W.11 who is the neighbour of P.W.3, in his evidence also deposed that when the deceased visited her parental home on the occasion of Dwira Gaman Ceremony she informed him that she did number like the relationship of the appellant with the second accused and that appellant was demanding money from her father.
Having heard learned companynsel for the appellant as well as the learned companynsel for the State and having perused the judgment impugned in this appeal and other related papers, at the very outset, it will have to be stated that there is numbermerit in this appeal.
The appellant was proceeded against for offences under Sections 306 and 498A of IPC.
P.W.3 also indentified the jewels which he gifted to his daughter at the time of the marriage which were recovered from W.17 and marked as Exhibit 1 companylectively .
If those jewels really did number belong to the deceased the same companyld have been established only by the appellant by producing proper evidence before the Court.
P.W.5 who is a relative of the deceased also stated that the deceased informed him once about the illicit intimacy of the appellant with second accused.
The acquittal of the second accused, however, was companyfirmed by the High Court.
The High Court thus partly allowed the appeal of the State.
The deceased died due to extensive burn injuries on her body which was fully established by the postmortem report as well as by the evidence of doctor P.W.15 who companyducted the postmortem.
Both the sentences were directed to run companysecutively.
The pledging of jewels of the deceased with P.W.17 was also proved by producing Exhibit 3 by which P.W.3 repaid a sum of Rs.11,000/ to P.W.17 to get back the jewels which were seized by the police along with ornaments.
The case of the prosecution was that the appellant got married to the deceased Krishna as per Hindu rites and customs on 22.04.1987.
The High Court while examining the charge of abetment of the suicide companymitted by the deceased as well as cruelty meted out to her falling under Sections 306 and 498A of IPC made a detailed analysis of the above evidence and held that the charges were proved.
In the first place P.W.3 the father of the deceased identified the jewels which were recovered from P.W.17.
Considering the extent of burn injuries stated by the doctor in the postmortem report viz the first degree burn injuries from top of the head up to the tip of the leg makes it clear that it companyld have been caused only by pouring kerosene from the cane over the head and by burning the person after that.
He further stated that though his daughter companyplained to him about the monitory demand as well as illicit relationship of the appellant with the second accused he did number inform the same to others except his close relatives fearing any damage that may be caused to the matrimonial life of his daughter which companyduct of P.W.3 as a father of the deceased was quite natural.
However, according to the prosecution shortly after the marriage the appellant demanded a sum of Rs.40,000/ from the father of the deceased Krishna for the purpose of his business which was declined, that upset by the declining of his demand by the father of the deceased the appellant stated to have retorted then that he knew how to companylect the money from his father in law through his wife, and that thereafter on 22.05.1987, the appellant pledged the jewels of deceased Krishna for a sum of Rs.11,000/ .
However, in the 313 questioning the appellant made it clear that he did number make any such statement.
Though the learned companynsel for the appellant attempted to point out that there was numberproof to show that the appellant pledged the jewels of the deceased, we are number in a position to appreciate the said companytention for more than one reason.
The receipts Exhibit 3 and 3A disclosed that the said jewels were pledged by the appellant for a sum of Rs.11,000/ .
The deceased Krishna was also stated to have been nurturing a grievance against the appellant about his illicit companytacts with the second accused Anima who was numbere other than the niece of the appellant.
The question of deceased having suffered burn injuries from the burning stove is ruled out by the own version of the appellant.
P.W.11 further stated that deceased also requested him to tell her father number to give any money to appellant.
