LexRAKHAL DEBNATH versus STATE OF WEST BENGAL
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[2012] 7 S.C.R. 513 RAKHAL DEBNATH v. STATE OF WEST BENGAL (Criminal Appeal No. 201 of 2010) SEPTEMBER 4, 2012 [SWATANTER KUMAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] A B Penal Code, 1860 - ss.306, 498A and 107 - Death of married woman due to burn injuries - Conviction of appellant- C husband ulss. 306 and 498A - Justification - Held: Justified - In the facts and circumstances of the case, the conclusion of High Court that deceased committed suicide cannot be faulted - s. 113A of the Evidence Act was duly attracted to the facts of the case - Deceased committed suicide within 35 days D from the gate of her marriage and the a/legation of cruelty was also fully established - Consistent statements of PWs disclosed that deceased was not happy with the marriage and complained about the conduct of the appellant - in demanding money from her father apart from his illicit relationship with E his niece - The act of appellant in pledging the jewels of the deceased was also proved - Consequently prosecution case that deceased was instigated by the appellant to take the extreme decision of committing suicide by pouring kerosene on herself and set herself on fire was fully established and F thereby charge of abetment uls.306 and as well as s.498A stood proved - Evidence Act, 1872 - s. 113A. The wife of accused-appellant died due to severe burn injuries. The death occurred within 35 days after her marriage. In the hospital register it was noted by the G doctor-P.W.19 that as per the statement of appellant, the deceased suffered burn injuries from the burning stove when she was preparing tea and bread in the kitchen. 513 H 514 SUPREME COURT REPORTS [2012] 7 S.C.R. A However, according to the prosecution, shortly after marriage, the appellant demanded money from his father- in-law, PW3, for purpose of his business which was declined whereupon the appellant retorted that he knew how to collect money from him through his own B daughter, and thereafter pledged the jewels of his wife with PW17 for a specified sum. The appellant's wife was also stated to have been nurturing a grievance against the appellant in view of his illicit contacts with his niece (the second accused) who lived in the very same house c of appellant. It was alleged by the prosecution that all this ultimately resulted in the appellant's wife taking the extreme decision of committing suicide by pouring kerosene on herself and setting herself on fire. The appellant was proceeded against for offences D under Sections 306 and 498A of IPC. The trial court acquitted the appellant-accused. In appeal, the High Court reversed the acquittal of appellant and held him guilty on both the charges. Hence the present appeal. E Dismissing the appeal, the Court HELD: 1.1. P.W.19 the doctor who examined the deceased (the appellant's wife) immediately after she was brought to the hospital reported that according to the appellant the deceased suffered the burn injuries from the F burning stove when she was preparing tea and bread. However, in the 313 CrPC questioning the appellant made it clear that he did not make any such statement. If the said statement is to be accepted then what remains is the postmortem report, the evidence of the post mortem G doctor P.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 H RAKHAL DEBNATH v. STATE OF WEST BENGAL 515 kerosene. The question of deceased having suffered A burn injuries from the burning stove is ruled out by the own version of the appellant. [Para 6] [521-G-H; 522-A-B] 1.2. 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 could have been caused only by pouring kerosene from the cane over the head and by burning the person after that. The smell of kerosene oil B in the clothes and other materials recovered at the scene c of occurrence also fully support such a situation which could have only been inflicted by the deceased herself and, therefore, the conclusion of the High Court in having held that the deceased committed suicide cannot be found fault with. [Para 7] [522-C-E] D 2.1. The consiste
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