Document Fragment View

Matching Fragments

Ashok Kumar (26), son of Sardara and Laxmi Devi (50), of Nahra District Sonepat got married to Sunita, daughter of Kartar Singh and Dhanpati (PW-7), of Dulhera, Police Station Bahadurgarh in July 1999. On May 23, 2000 at 10.00 p.m. Sunita suffered extensive burns in her matrimonial home, struggled to survive for five days but inspite of prompt medical attention, she succumbed to burn injuries on May, 28, 2000. The learned Additional Sessions Judge, Sonepat tried Sunita's husband Ashok Kumar, mother-in-law Laxmi Devi, Ashok Kumar's brother Raj Singh and his wife Phoolan, for the murder of Sunita. Ashok Kumar, Raj Singh and Phoolan were found guilty under Section 302/34 and 498-A of the Indian Penal Code on May 2, 2005 and sentenced to life imprisonment and lesser sentences. Laxmi Devi was acquitted.

On May 23, 2000 Dhanpati again visited Nahra to find out how Sunita was doing. On seeing her, Sunita started weeping and said that her in-laws used to beat her and would kill her. Dhanpati stayed for a while and then returned home and took her son Kuldeep alongwith her, back to Sunita's house. They reached at 10.00 p.m. and wanted to take Sunita back. At this time Ashok Kumar, Raj Singh and Phoolan were present. They started scuffling with Dhanpati and Kuldeep and pushed them out of the house. Sunita was set on fire after kerosene oil was poured on her. A number of villagers gathered and Sunita was taken in a jeep to the hospital at Sonepat. After some time she was taken to Post Graduate Institute of Medical Sciences, Rohtak and admitted in ward No.4.

Dhanpati's statement was recorded by ASI Bishamber Lal at Rohtak after he had satisfied himself that Sunita was unfit to make a statement. Case was originally registered under Sections 307/498-A/34 I.P.C. After Sunita's death offence under Section 307 was converted to Section 302 I.P.C.

The first medico-legal examination of Sunita was conducted at General Hospital, Sonepat by Dr. C.P.Sapra (PW-11) at 2.45 a.m. (wrongly recorded as p.m. in the statement of the witness) on May 24, 2000. In the opinion of the Medical Officer the patient was conscious, oriented, both pupils were normal. Superficial to deep 90% burns were present all over the body except small areas here and there. Injuries were kept under observation and the probable duration was about 24 hours. Dr. C.P.Sapra sent information to Incharge Police Post, General Hospital, Sonepat at 2.45 a.m. and then referred Sunita to PGIMS, Rohtak.

Resultantly Criminal Appeal No. 363 DB of 2005 filed by Raj Singh and Phoolan is accepted. They are hereby acquitted of the charges framed against them. They are on bail. Their bail bonds are discharged.

Criminal Appeal No. 430 DB of 2005 filed by Ashok Kumar is partly allowed. Conviction of Ashok Kumar is hereby converted from under Section 302 IPC to one under Section 304-B IPC and he is sentenced to rigorous imprisonment for a period of seven years and to pay a fine of Rs.50,000/-,in default of payment of fine, he shall further undergo rigorous imprisonment for a further period of one year. Fine if recovered shall be paid to the heirs of the deceased on her father's side but to District Legal Services Authority, Sonepat because Dhanpati did not support the prosecution. Ashok Kumar if on bail shall be taken into custody forthwith to undergo the remaining part of the sentence.