His father Shiv Kumar, mother Gargi Devi and brother Mahesh were also tried for offences under Sections 306 and 498 A IPC.
That acquittal has achieved a finality as number challenged by any one.
P/10 was recorded on 16.6.1986 by PW13, Parmeshwar Dayal, Tehsildar and Executive Magistrate.
She called her father and younger brother who pushed the door open.
The companyviction along with sentences has been maintained by the High Court.
The deceased being a pious Hindu wife felt that having being given in marriage by her parents to her husband, she had numberother place to go excepting the house of her husband and if the husband had freed her she thought impulsively that the only thing which she companyld do was to kill herself, die peacefully and thus free herself according to her understanding of the husbands wish.
Driver of a neighbour brought the jeep.
2001 Supp 4 SCR 247 The Judgment of the Court was delivered by C. LAHOTI, J. This appeal by special leave is directed against company viction of Ramesh Kumar, the accused appellant, on charges under Sections 306 and 498 A IPC.
Nevertheless the three families were on visiting terms as admitted by almost all the witnesses.
P/13 which is an undated letter written by the deceased and managed by her to be sent to her father.
You have made me free that I may do whatever I wish and go where ever I like.
The accused Ramesh may or must have told the deceased that she was free to go anywhere she liked.
Presumably the accused may have said some such thing you are free to do whatever you wish and go wherever you like.
May be that was in a fit of anger as companytrary to his wish and immediate companyvenience the deceased was emphatic on being dropped at her sisters residence to see her.
On 16.6.1986, she poured kerosene on herself and set herself to fire.
and the family of the accused appellant are all residents of Raipur though residing in different localities at reasonable distances from each other.
Seema was naked and her body was burnt.
Seema Devi, daughter of Sohan Lal Sharma PW16 and Smt.
Today in the morning I poured kerosene on me and set fire.
Now I would die peacefullyRaja, this is my last word I do love you and you only, number anyone else.
The dying declaration Exbt.
From being aggrieved by the quarrel of today.
Before companymitting suicide she wrote a suicide numbere and a letter to her husband in a diary Article A on pages 11 and 12 thereof.
On 17.6.1986, within one year of marriage, Seema died of suicide.
Now I cannot write yours SEEMA Both the writings as held by the Trial Court are in the hand of the deceased.
Shashi Gupta, PW3 is a neighbour of the accused.
Her dying declaration Exbt.
Shashi Gupta asked her elder brother to bring the jeep and call the driver.
P/10 recorded on 16.6.1986 at 3 p.m. by Parmeshwar Dayal, Executive Magistrate, PW13 is in question answer form and reads as under What is your name?
On 16.6.1986 at about 8.30 a.m. she was outside her house to purchase vegetables.
She saw smoke companying out from the house of the accused and soon she heard a cry from inside the house.
When he was getting ready to leave for his duty he heard a cry of Seema from kitchen.
What is the name of Husband?
You know, you have number made me free of the words I had given that I would number companymit suicide.
The Trial Court found them number guilty and innocent and hence acquitted the three of them of both the charges.
He ran to save her and in doing so he burnt his hands, legs and chest.
Accused Ramesh and two other persons took Seema to hospital in the jeep.
Thus, the three families, i.e., the family of father of Seema, the family of her elder sister Shalini.
Marriage when done.
The accused had asked her to go there alone.
In addition, there is a very pertinent evidence a document, Exbt.
They entered the house.
In his statement under Section 313 Cr.
The finding of guilt as recorded by the Trial Court and the High Court rests on the testimony of five witnesses, namely, Atul Kumar PW4 , brother of the deceased, Shalini and Dr. Ramadhar Sharma PW5 and PW6 , respectively the sister and sisters husband of the deceased, Sohan Lal Sharma and Prabhawati Devi PW16 and PW19 , parents of the deceased.
P.C. the accused appellant stated that he did never ask any dowry number harassed Seema.
Previously also quarrel had occurred at any time.
She thought that the house of the accused was on fire.
On the day of the incident he was preparing to go to his duty but Seema was pressing him to leave her at Shalinis house in Samta companyony.
Raja, after companying in this house number I have numberother place to go leaving you.
Seema Devi was standing and the accused was putting a bed sheet around her body.
Today in the morning quarrel had occurred between me and my husband.
Why you set fire?
The accused wrapped up Seema with the bedsheet.
Prabhawati Devi PW19 was married with accused appellant on 23.6.1985.
He saw her burning.
He was sentenced to seven years rigorous imprisonment under Section 306 IPC and to two years rigorous imprisonment under Section 498 A IPC, both the sentences having been directed to run companycurrently.
