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| DB sets-aside death sentence of husband | | | Early Times Report
JAMMU, July 20: A Division Bench of Jammu & Kashmir and Ladakh High Court Jammu Wing comprising Justice Sanjay Dhar and Justice Rajesh Sekhri declined the recommendation of Trial Court for imposing death sentence upon the Rakesh Kumar husband of deceased.
DB after hearing both the sides observed that since the charge was for offence under Section 302 RPC, the appellant was not put to notice to meet a charge under Section 306 RPC, therefore, he is prejudiced by not framing a charge under Section 306 of RPC. But then in the instant case, all the prosecution evidence has been put to the appellant while recording his statement under Section 342 of J&K Cr.P.C. This evidence includes the evidence relating to the offence under Section 498-A of RPC. Therefore, the appellant had enough of notice of the allegations that attract Section 306 of RPC as well. Since there is no clinching evidence regarding setting on fire of the deceased by the appellant and it is nobody's case that it was an accidental death, as such, the only course left is to hold that the prosecution has proved suicide of the deceased that has been abetted by the act of cruelty perpetrated by the appellant upon her in connection with demands of dowry. In our aforesaid view, we are supported by the ratio laid down by the Supreme Court. For the foregoing reasons, the conviction of the appellant under Section 302 RPC and sentence of death awarded against him are set aside. Instead, the appellant is convicted of an offence under Section 306 RPC. His conviction for offence under Section 498-A RPC is upheld.
DB further observed that having regard to the crude and barbaric manner in which the appellant has instigated the deceased to commit suicide on account of persistent demands of dowry coupled with the fact that the incident has resulted in death of not only the deceased but it has also resulted in death of the unborn child inside her womb, the appellant deserves to be given the maximum punishment. Accordingly, in proof of offence under Section 306 RPC, the appellant is sentenced to rigorous imprisonment for a term of ten years and to pay a fine of Rs.10,000/. In proof of offence under Section 498-A of RPC, the appellant is sentenced to rigorous imprisonment for a term of three years and to pay a fine of Rs.5,000/. Both the sentences shall run consecutively. In default of payment of fine, the appellant shall undergo further imprisonment of one year in each of the offences.
According to the prosecution case, on March 14, 2007 Neena Devi was admitted to GMC Jammu with severe burn injuries. On receipt of this information, SHO Police Station R S Pura deputed Head Constable Mohd Afzal for recording her statement. Neena Devi in her statement disclosed that she got married with the accused about one and half years back and out of their wedlock a male child was born. Shortly after their marriage the accused started harassing her for not having brought adequate dowry and also used to beat her. On March 14, 2007 she had an argument with her husband. Thereafter the accused dragged her by putting a dupatta around her neck and then set her ablaze by sprinkling petrol. Her father-in-law and aunt-in-law extinguished the fire and shifted her to hospital, whereas the accused fled away from the spot. —JNF |
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