STATE Vs. REHANA

JUDGEMENT

(1.) Crl.M.A.No.13478/2014 (Exemption) Allowed.

(2.) The case of the prosecution is that an information was received through PCR at GTB Enclave Police Station on August 10, 2011, recorded vide DD No.28A, informing that a person was lying in burnt condition in front of Rajiv Gandhi Hospital. SI S.P.Gautam reached the spot. He did not find anyone there and was informed that the injured was removed to the GTB Hospital. [Head Constable Vijay Kumar PW-8 had removed him to the hospital.] He reached the hospital and collected the MLC of injured Sanjay. Since the injured could not specify the reason of burns, therefore, the DD entry was kept pending. On August 15, 2011 statement of injured was recorded before the SDM, Seelampur wherein he alleged that he was in love with a girl namely Rehana, who was married and having children. She used to extort money from him. The injured proposed to marry her but she did not agree. On August 10, 2011 at around 8.00/9.00 PM he along with Rehana and Kajol @ Akeela had consumed liquor on rickshaw. Thereafter Rehana, Kajol @ Akeela and one more girl asked him to accompany them to the house of Muskan. On the way all three of them pushed him down, poured kerosene oil upon him and set him ablaze. He clarified that he had not burnt himself. On the basis of this statement FIR under Sections 307/34 IPC was registered on August 15, 2011. On August 16, 2011 Sanjay expired and a charge sheet for offence punishable under Sections 302/34 IPC was filed.

(3.) Thus the prosecution case rests on the dying declaration of the deceased which was made to the SDM PW-4. However, this dying declaration has been disbelieved and in our opinion rightly. The deceased was admitted to GTB hospital on August 10, 2011 at 10.25 PM and the MLC Ex.PW-2/A notices that he was conscious, well-oriented and he gave history of burning himself for suicide.