SHAKUNTALA Vs. STATE

JUDGEMENT

(1.) Appellants Shakuntala and her son Sushil Kumar have been convicted for the offence of having murdered Sheela (wife of Sushil Kumar) by setting her on fire at around 5:15 PM on 28.3.1991 in the residential room of her matrimonial house bearing No.281, Purani Dakkhaane Wali Gali, Chota Bazar, Shahdara.

(2.) In returning the verdict of guilt, the learned Trial Judge has held that the deceased Sheela who was brought to GTB Hospital at around 6:25 PM on 28.3.1991 made a dying declaration to Dr.R.K.B.Chaudhary who had examined Sheela and as recorded by the doctor on the MLC Ex.PW-8/A she was burnt after kerosene oil was poured on her by her mother-in- law. The learned Trial Judge has further held that the statement Ex.PW-17/A of Sheela recorded by Insp.Dharamvir Joshi PW-18 was the second dying declaration made by her and the same records the fact that on the day of the incident, at around 5:15 PM her mother-in-law quarreled with her. Her husband gave her beating and broke her teeth. Her mother-in- law poured kerosene oil on her and set her on fire. Lastly, the learned Trial Judge has held that the third dying declaration made by the deceased to her parents Malwati PW-1 (mother) and Nathu Ram PW-9 (father), when they reached the hospital on learning about their daughter being set on fire and as told to them and narrated by them in Court also proved that Sheela was burnt in her matrimonial house by the appellants.

(3.) Thus, we would be noting such relevant evidence as has been brought to our notice which has a bearing upon the vital question: Whether Sheela has truthfully stated the correct facts about her death or whether she had some motive to falsely state incorrect facts or there is any evidence which destroys the dying declarations made by Sheela; or whether the I.O. has conducted the investigation with oblique motive.