MOOLWATI Vs. STATE

JUDGEMENT

(1.) AS noted in the MLC Ex.PW-17/A of Geeta, she was got admitted by her mother-in-law Moolwati at G.T.B. Hospital on 11.8.1992 at 10.25 AM. Geeta was suffering extensive burn injuries, being 90%. She was not oriented and hence not fit for statement.

(2.) INFORMATION was received at Police Station Seema Puri pertaining to Geeta receiving burn injuries and having been brought to the hospital. ASI Dharam Pal PW-18 accompanied by Const. Vijay Kumar went to the hospital and obtained MLC of Geeta as per which she was unfit for statement. As deposed to by ASI Dharam Pal he sent the information of Geeta being admitted at G.T.B. Hospital in a burnt condition to the office of the Sub-Divisional Magistrate of the area and proceeded to the matrimonial house of Geeta at No.1/819, Khera Village. He picked up pieces of burnt cloth from the kitchen of the house as also a bottle emitting smell of kerosene and an electric heater from the kitchen and recorded said fact in the seizure memo Ex.PW-5/A and deposited the said articles in the Malkhana. Further, as deposed to by him, on 12.8.1992 he went to G.T.B.Hospital where he found Geeta to be fit for statement and he recorded the statement Ex.PW-18/A of Geeta who informed that she was residing at House No.1/819, Khera Village and that her husband used to trouble her for dowry. A few months ago a settlement was arrived at pursuant whereto she started residing with her husband but dowry demands continued. On 11.8.1992 at around 9.30 AM she went to the kitchen to heat milk for her child and while sitting when she was stirring sugar in the milk, her mother-in-law threw kerosene at her back from behind and her husband set her on fire. As she ran out, her brother-in-law Yogesh caught her and the other brother-in-law Sanjay poured water on her. She yelled. Neighbours gathered. They took her to Geeta Nursing Home where they refused to admit her. Her mother-in-law brought her to G.T.B.Hospital. On the statement at the portion encircled Ex.PW-6/A he obtained a certification from Dr.Navneet Kaur PW-6 regarding Geetas fitness. As deposed to by ASI Dharam Pal PW-18 and Dr.Navneet Kaur PW-6, Dr. Navneet Kaur also signed the statement Ex.PW-18/A at the portion encircled Ex.PW-6/A thereon when Dr. Navneet Kaur appeared as a witness of the prosecution.

(3.) GEETA died around noon of 13.8.1992. This information was received at the police station. ASI Dharam Pal immediately proceeded to the office of the S.D.M. where he got recorded the statement of Mahavir Singh the father of Geeta before the S.D.M. and making an endorsement Ex.PW-18/B beneath the said statement got registered an FIR under Section 304-B/498-A/34 IPC. Unexplainably, ASI Dharam Pal did not bother, while making his endorsement, to refer to the statement Ex.PW-18/A which he claims to have recorded on 12.8.1992.