RAHIS Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) WITH reference to the testimony of Mst. Hajjan PW -1; the testimony of SI Prakash Roy PW -9 and the statement Ex.PW -1/A recorded by him and as made by deceased Rizwana; and lastly the testimony of Sh. A.K. Passi and the statement Ex.PW -3/A recorded by him and as made by Rizwana, the learned trial Judge has returned a finding that the prosecution has successfully established that deceased Rizwana made three dying declarations to the cause and circumstances of her death and in each statement she inculpated her husband, the appellant Rahis; holding further that the burn injuries on Rahis stood explained not as the result of his attempting to save his wife but as the consequence of his attempting to prevent his wife from dousing the flames on her, as deposed to by Mst. Hajjan PW -5; vide impugned judgment and order dated 19.11.2009, appellant Rahis has been convicted for the offence of having poured kerosene oil on his wife with the intention to burn her in the early hours of the morning on 30.07.2007 and thereafter set her on fire as a result of which she died, thereby committing an offence punishable under Section 302 IPC.

(2.) IN para 25 of the impugned decision, the learned trial judge has held that the dying declarations are consistent and made after short interval immediately after the deceased suffered burn injuries and hence inspire confidence. In para 26 it has been held that the dying declarations do not suffer any infirmity and there is no evidence that the deceased was tutored.

(3.) THE information aforesaid has been recorded at the police station on being relayed through police control room where a PCR call was made by somebody and hence the nearest PCR van was rushed to the place of the incident. ASI Karan Singh incharge of PCR Van No. 36 rushed Rizwana as also her husband Rahis to GTB hospital, a fact recorded on the MLC Ex.PW -11/B of the appellant and the MLC Ex.PW -11/A of Rizwana. On both MLCs it is recorded that ASI Karan Singh of 36 PCR Van had brought the two to GTB Hospital Shahdara.