DEVI Vs. STATE NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) This is an unfortunate case where a young woman of 24 years age has died because of being burnt with kerosene oil. The death took place at her matrimonial home within 7 years of her marriage. The learned Additional Sessions Judge relying on the dying declaration and the evidence which had come on record, sentenced the appellant Smt. Devi, mother-in-law of the deceased to undergo rigourous imprisonment for life and further to pay fine of Rs.200.00, in default of payment of fine to further undergo rigourous imprisonment for 15 days. This sentence has been awarded under Section 302 Indian Penal Code vide order of conviction & sentence passed on 26/08/1995. By this appeal, the appellant has challenged the conviction and sentence dated 26/08/1995 on the following amongst other grounds. 1. that the version given in the dying declaration is contrary to the facts on record. 2. that there are material contradictions and discrepancies in the evidence of the witnesses; 3. that parents of the deceased have not supported the case of the prosecution. They testified that deceased was unconscious when taken to hospital. Hence, dying declaration purported to have been recorded by the doctor is doubtful; 4. that deceased was having 95% burns, therefore, it was impossible for her to give such a lengthy dying declaration;

(2.) Let us look into the brief facts of the case before we proceed to deal with the arguments put forward by the counsel for the appellant. In a nutshell, the facts as represented by the prosecution are that on 16/09/1987 at 1.55 P.M., deceased Meera w/o Tuisi Ram aged 24 years r/o Janta Flats, Dilshad Garden was brought to the Casuality Ward of LNJP Hospital with 95% burns by her husband Tulsi Ram. She told to the doctor that her mother-in-law come to her house the previous day and took her children with her. On 16/09/1987, her mother-in-law along with her sister-in-law and few other relations came to her house. Her mother-in- law with- the help of her sister-in-law and other relations poured kerosene oil on her. Her mother-in-law lit fire on her. At that time, her husband Tulsi Ram was away to his place of work.

(3.) The above information was received at the police station from the police post at the LNJP Hospital. Doctor recorded on the MLC Ex.Public Witness-3/A the alleged history of burn as given to him by the deceased Meera. After Meera's death Ex.Public Witness-3/A was read as her dying declaration.