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| Husband gets life term for murdering his wife | | Dowry death case | | EARLY TIMES REPORT
Kathua, Apr17- Principal Sessions Judge Kathua Kartar Singh today awarded life-imprisonment to accused Vijay Kumar husband of deceased Pinki Devi alias Babli, who was allegedly murdered by the accused by sprinkling kerosene oil on her and set-ablaze on February 1, 2003 by hatching a criminal conspiracy with the sister and brother-in-law of the accused. Court, however, acquitted Kali Dass brother-in-law of the accused and Rani Devi sister of the accused by giving them benefit of doubt.
In his 45 pages judgment the Principal Sessions Judge, after going through the case and the statement of the witnesses, observed that the prosecution has fully proved its case against the accused Vijay Kumar. So far as accused Kali Dass and Rani Devi are concerned, the only evidence against them is that they also tortured the deceased and were mute spectators when she was set on fire by the accused Vijay Kumar. Moreover the accused Kali Dass was not present on the spot when the deceased was set on fire by the accused Vijay Kumar. It may create a grave suspicion in the mind of the Court, but, it is well settled that the suspicions, howsoever, strong may be cannot take the place of proof. Had the accused Vijay Kumar taken care of his, nobody would have dared to raise a finger against her but the act like brute and finished the young budding rose at the time when she had hardly attained the age of 20 years leaving behind a son who has been deprived of the love and affection of his mother. The accused Kali Dass and Rani Devi, therefore, given the benefit of doubt and acquitted of the charges framed against them. The accused Vijay Kumar son of Bui Lal resident of Senswan Rang Talab Hira Nagar found guilty of having subjected his wife to cruelty and ultimately set her on fire as a result of which she succumbed to burn injuries is convicted u/s 302 RPC and sentenced to undergo rigorous imprisonment for life with a penalty of Rs 5000. The accused has remained in custody during investigation and trial since February 17, 2003, has also been convicted u/s 498-A, and awarded to undergo RI for a period of two years and fine of Rs 2000. Both the sentences shall run concurrently, the Court ordered.
As per the prosecution case the deceased Pinky had categorically stated in her dying declaration that she was married to the accused Vijay Kumar and her parents gave dowry as per their capacity. A son was born out of wed-lock. Her husband quarreled and tortured her for bringing lesser dowry and she used to bring money from her and gave it to her husband. Her parents gave her rupees 20000 for purchasing a scooter which was deposited in J&K Bank Barnoti. Her brother-in-law Kali Dass and sister-in-law Rani Devi also tortured her for brining lesser dowry, her husband frequently beat her and she used to tell her parents about the mal treatment, her parent again sent her to her-in-laws with the hope that her family life might not be ruined. That on February 1, 2003 her husband doused her with kerosene oil and set her ablaze inside the kitchen, police after completion of the investigation, presented challan in the court of law which was committed to the court of Sessions for trial. JNF
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