BHIM SINGH Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 30th November 2009 and Order on Sentence dated 3rd December 2009, whereby the appellant Trilok Chand was convicted under Section 302 and 498-A of IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs 15,000/- or to undergo R.I. for six months in default under section 302 and was further sentenced to undergo R.I. for three years and to pay fine of Rs 5000/- or to undergo R.I. for six months in default under Section 498-A IPC. The appellants Roshan Lal, Premwati and Bhim were convicted under Section 304-B and 498-A IPC and were sentenced to undergo R.I. for ten years each and to pay fine of Rs 10,000/- each or to undergo R.I. for six months each in default under Section 304-B of IPC and further sentenced to undergo R.I. for two years each and to pay a fine of Rs 5000/- each or to undergo S.I. for six months each in default under Section 498- A thereof. The sentences were directed to run concurrently.

(2.) THE appellant Trilok Chand is the husband of deceased Deepali, whereas the appellants Roshan Lal, Premwati and Bhim are her father-in-law, mother-in-law and brother-in-law (younger brother of the deceased), respectively. On 28th November 2005, deceased Deepali was brought to JPN hospital, at about 10.50 P.M., by the appellant Trilok Chand, with burn injuries. In the dying declaration recorded by the SDM, Deepali alleged that in the evening of 28th November 2005, when her father-in-law, mother-in-law and brother-in- law were also present in the house, her husband held her, poured kerosene on her and ignited fire, using a matchstick. THEreafter, all of them went out. She was then brought to hospital by her husband and her father-in-law. She also alleged that the husband used to beat her and she was under treatment. She was not aware of the specific ailment she was suffering from, but stated that her hands and legs used to bend, on account of that ailment. THE father of the deceased was also examined by the SDM on the same day. He alleged that his son-in-law, and the Uncle and Aunt of his son-in-law started beating the deceased immediately after her marriage to Trilok. Her father-in-law also sometimes used to verbally abuse her after taking liquor. He claimed that though Deepali never complained to him about demand of dowry, she used to make such complaints to her mother.

(3.) PW-9 K.K. Sharma is the SDM, who recorded the statement of deceased Deepali on 29th November 2005 at JPN hospital. He stated that on 29th November 2005, while working as SDM, Patel Nagar, he received a call from Police Post Ranjit Nagar, regarding burns received by Deepali, wife of Trilok Chand, who was admitted in JPN hospital. On reaching the hospital, he consulted the concerned Doctor who declared the injured fit for statement. He thereupon recorded the statement Ex. PW9/A, which bears thumb impression of the deceased at point ,,B. During cross-examination, he stated that no other person was present at the time of recording the statement of Deepali, though it was possible that her mother came inside to help in taking her thumb impression on the statement. He also stated that the statement was read over by him to Deepali.