SURINDER KUMAR Vs. STATE

JUDGEMENT

(1.) The decision of this appeal substantially depends upon the question as to how far the dying declarations made by the deceased, Neelam, can be relied upon.

(2.) By this appeal, the appellant, Surinder Kumar has challenged his conviction under Section 302 of the Indian Penal Code for burning his wife by pouring kerosene oil on her from the stove and thereafter setting her on fire. The appellant has been mainly convicted by the Additional Sessions Judge vide his judgment dated 20-8-1987 on the basis of dying declaration of the deceased and the statement of Miss Kiran,

(3.) The case set up by the prosecution, in substance, is that Smt. Neelam, deceased was married to the appellant on 14-10-1983 and they were living together at C-106 J. J. Colony, Shakurpur, Delhi. On 2-6-1985, in the morning, the appellant asked Neelam to bring a sum of Rs. 500 from her parents, failing which she would be finished by him. The appellant, who was working in Samrat Cinema. Shakurpur, returned at midnight, at about 00.15 A.M., to his house after taking liquor and asked Neelam, the deceased, whether she had brought the money from her parents. On having, found the answer from Neelam in the negative, the appellant started beating. Neelam and in fact gave 2-3 blows to her. Therefore he took the stove, opened its lid and poured kerosene oil on her head and thereafter, he lighted a match stick on her clothes, with the result, her clothes were set on fire. Neelam ran out of the house and fell into the water-drain, perhaps with a view to put out the fire. The appellant, however, took Neelam with burn injuries to the house of Smt. Prakash Kaur, maternal grandmother of the deceased. There her sister, Kiran, was also present. It appears, the appellant took Neelam in a scooter to her father's house first and thereafter she was taken to her maternal grand-mother's house. The maternal grandmother, Smt. Prakash Kaur, and her maternal uncle, Shammi, took the deceased to Safdarjung Hospital in a Three Wheeler scooter and got her admitted in that Hospital. The information about this incident was given to the Police Station Punjabi Bagh and thereafter Sub-Inspector Dharam Singh recorded the statement of Neelam in the Hospital. Ext. Public Witness -7/A, of this incident and on the basis of which the case was registered against the appellant under Section 307 Indian Penal Code . On 3-6-1985, Shri G. C. Pillai, Executive Magistrate, reached the Safdarjung Hospital at 1.35 P.M. and recorded the statement of Neelam. The said statement was concluded at 2.00 P.M. On such statement having been recorded by the Executive Magistrate, the accused was arrested. Neelam remained in the Hospital till 17-6-1985 when she succumbed to her injuries. The information about the death of Neelam in the Hospital on 17-6-1985 was passed on by wireless message at 6.25 P.M. to the Duty Room of Police Station Punjabi Bagh. Inspector of Police, Shri Ram Gopal, Public Witness 13, took over the investigation on 18-6-1985, after Neelam's death. He prepared inquest report, Ext. Public Witness 13/A and recorded supplementary statements of witnesses. In the post-mortem report of the body of the deceased Neelam conducted by Public Witness 2, Dr. L. T. Ramani, it was opined that the death was caused due to the burns which are entemortem caused by fire and death was due to septicemia following infected burns and there were 40-45 per cent burns. The doctor also found that old burn marks on different parts of the body of the deceased.