Judgment

KHANNA, J.:- Maharaj Krishan Sharma (34) and his mother Shanti Devi (55) were convicted by the Additional Sessions Judge Delhi under Section 302 read with Section 34 Indian Penal Code on the allegation that they caused the death of Shanti Devi alias Prem Lata (25), wife of Maharaj Krishan accused, by forcibly pouring sulphuric acid in her mouth, and were sentenced to undergo imprisonment for life. On appeal the Delhi High Court acquitted the two accused by giving them the benefit of doubt. The present appeal was thereafter filed by Bhagwan Kaur, mother of Shanti Devi deceased, by special leave against the acquittal of the two accused respondents.

2. The prosecution case is that Shanti Devi deceased was the daughter of PW 5 Dayal Das, Sub-Inspector CID of Delhi. The deceased was married to Maharaj Krishan accused, who is a science teacher in a Delhi school, on February 20, 1963. The accused, it is stated, did not feel happy with the dowry brought by the deceased. The relations of the deceased with her husband became strained and the deceased complained of ill-treatment by the two accused. On account of the strained relations the deceased on occasions would go to her father s house and stay there for some time, but as it was she would again come back to the house of the accused. A report was also once lodged with the police by the deceased against the accused for ill-treatment. In May 1964 Maharaj Krishan accused obtained a writing from the deceased in which she stated that she wanted divorce.

3. Maharaj Krishan accused also ran a private college known as N.C. College at his residence in C/96, New Rajinder Nagar, New Delhi. On January 13, 1965 Hanuman Singh peon of that college purchased for the college from the shop of Lajpat Rai (PW 10) one quart of sulphuric acid with a concentration of 98.9 per cent in a bottle.

4. Towards the end of June, Maharaj Krishan accused sent a message through the deceased to his father in-law that he wanted some money for going to the United Kingdom as he had obtained an employment voucher from the United Kingdom. Maharaj Krishan was, however, told by his mother-in-law Bhagwan Kaur (PW 1) that his demand for money could not be met. On July 21, 1965, it is stated, Shanti Devi deceased sent a telephonic message to her mother Bhagwan Kaur from the house of the accused that she was being beaten by her husband. Bhagwan Kaur then went to the house of the accused. Dayal Das also reached there. Shanti Devi then told her parents while weeping that she had been beaten by her husband as he wanted money for going abroad. Maharaj Krishan accused then admonished the deceased and again made a demand for money for going to the United Kingdom. Maharaj Krishan was, however, told by the parents of the deceased that they could not pay him anything.

5. The present occurrence took place on July 23, 1965. On that day near about noon time, according to the prosecution case, Shanti Devi accused went to the house of Sushila Devi (PW 9). The house of Sushila Devi is opposite to that of the accused. Shanti Devi accused then asked Sushila Devi to accompany her to the house of the accused. Sushila Devi went to that house after a few minutes and found the deceased lying on a carpet in the room. The deceased was crying and screaming at that time. Sushila Devi felt burning sensation below her feet when she approached near the deceased. She also felt burning sensation when she sat on the sofa. Shanti Devi accused then abused the deceased. Sushila Devi noticed froth coming out of the mouth of the deceased. The deceased uttered twice the word "Radhaswami", which was the name of her Guru and thereafter she became unconscious. Maharaj Krishan accused was also present in the house at that time and was busy in making telephonic call to a doctor and asking him to come immediately to see his wife.

6. Dr. Tilak Raj Chadha (PW 30), homoeopathic physician, is the old family doctor of the accused. According to this doctor, at about 2 p.m. o