The main legal point established is the requirement for admissible and reliable evidence in cases of cruelty and abetment of suicide, and the rejection of evidence leading to acquittal.

1. Case FIR No.185/1991 was registered at PS Subzi Mandi on the basis of statement made by Smt.Kiran Narang (deceased). Initially the FIR was registered under Section 498-A/306 IPC, however after the death of Smt.Kiran Narang, the FIR was converted into Section 498-A/304-B/34 IPC. The chargesheet was filed against four accused persons namely O.P.Narang (father-in-law), Rita Narang (mother-in-law), Jaideep Narang (husband) and Vineet Narang @ Babbu (brother-in-law/devar).

2. Vide impugned judgment dated 23rd May, 2001 while the three accused persons namely O.P.Narang (father-in-law), Rita Narang (mother-in-law) and Vineet Narang (brother-in-law/devar) have been acquitted of the charges, the appellant Jaideep Narang–husband of the deceased has been convicted for committing the offence punishable under Section 498-A/306 IPC for treating his wife with cruelty and also for abetting commission of suicide. Vide order on sentence dated 28th May, 2001, the appellant has been sentenced as under:-      

Both the sentences were ordered to run concurrently.

3. In brief the prosecution case is that on 19th September, 1991 on receipt of DD No.7A SI Suresh Kumar along with Constable Ram Chander reached the place of occurrence i.e. 1735, Sohan Ganj, Subzi Mandi, Delhi-1100007 and came to know that Kiran Narang who suffered burns had been removed to Hindu Rao Hospital.

4. While leaving Cont. Ram Chander to guard the spot he left for Hindu Rao Hospital along with the Executive Magistrate from where he came to know that Kiran Narang as well her husband Jaideep Narang have been referred to Loknayak Jai Parkash Narain Hospital. He reached Loknayak Jai Parkash Narain Hospital and collected the MLC of Kiran Narang and Jaideep Narang. Kiran Narang succumbed to the burn injuries same night at about 10.40 pm.

5. The first dying declaration has been recorded by PW-20 Dr. Anuj K.Bhatnagar at the time of her medical examination on 19.09.1991 at 11.55 am after observing that the patient was conscious, well oriented in time, place and person. As per the alleged history given by Kiran Narang, she was doused with kerosene by her husband and set on hire by him.

6. The second dying declaration was made before PW-15 Sh. B.P. Singh, Executive Magistrate which is to the following effect:

‘APNE AAP JALI HUN TEL SE (I have burnt myself by pouring kerosene oil)

She further stated that her Pati, Devar, Sasur and Saas all had given beating to her in the morning on that day i.e. on 19.09.1991. Her Devar Babbu, O.P.Narang (father-in-law), Jaideep (husband) etc. used to given beating to her daily as a result of which she used to feel harassed. On 19.09.1991 being fed up with them, she poured kerosene on herself and set herself on fire. She poured the oil on herself outside the room and all of them were present at home but none came to save her and she had done that being fed up with these persons. They also used to taunt her for her dowry articles. She has no complaint against any other person except her father-in-law, mother-in-law, devar and husband as these persons used to give beating to her. She informed her brother and mother about this ‘maar peet’ but they used to counsel her saying that she had to live there only. She got married about there years before.

7. After the registration of case under Section 498A/306 IPC, SI Suresh Kumar reached the spot and got the same photographed and also seized the articles lying there. He again visited the hospital and found Jaideep Narang, husband of the deceased present in the hospital and arrested him. As Smt. Kiran Narang expired on the same date during night time at 10.40 pm, SDM, Patel Nagar was informed about her death an