STATE Vs. HARI PRASHAD

JUDGEMENT

(1.) What happened sometimes past midnight, and most probably the time would be around 02:00 hrs of June 01, 1993 i.e. the night of May 31, 1993 and June 01, 1993 at the house of Hari Prashad has been described by Jaidev Sharma PW -5. Being the immediate neighbour, Jaidev's sleep was disturbed by the shrieks of Pushpa. Rising from the slumber and rubbing his eyes, he saw smoke emitting from Hari Prashad's house and this was obviously a summons for rescue. Awaking his wife, he rushed to Hari Prashad's house and saw Pushpa in a burnt condition in the varandah with Hari Prashad trying to extinguish the flames by pouring water on Pushpa's body. Thereafter Hari Prashad wrapped Pushpa in a sheet and rushed her to the hospital.

(2.) Hari Prashad took Pushpa to LNJP Hospital where Dr. Manoj Kumar examined her and wrote on the MLC Ex -PW -15/A that Hari Prashad had brought Pushpa to the hospital at 02:20 Hrs on June 01, 1993 and that Pushpa told him that being harassed by her husband she poured kerosene oil on herself and thereafter set herself on fire. Primary and palliative required to be administered to a patient with burns was administered to Pushpa and the duty constable at the hospital informed P.S. Defence Colony of Pushpa having been brought by Hari Prashad to LNJP Hospital in a burnt condition, where the duty officer H.C. Hari Saran PW -10, recorded said fact vide DD No. 28, Ex. PW -10/A. He handed over copy of the DD entry to SI Prem Singh PW -16 who left for investigation and reached the hospital. He collected Pushpa's MLC. He informed the Sub Divisional Magistrate of the area who reached the hospital at around 4:00 A.M. but Pushpa's statement could neither been recorded by SI Prem Singh nor by the Sub Divisional Magistrate because she was declared unfit. Pushpa's brother Hari Prashad Pandey PW -1 got information of Pushpa being burnt and removed to the hospital. He reached the hospital and met SI Prem Singh who recorded his statement Ex. PW -1/C in which Hari Prashad Pandey disclosed that Pushpa was married to Hari Prashad on February 02, 1990 and that Hari Prashad used to beat Pushpa under influence of liquor. He was dissatisfied with the dowry he was given. He used to turn out Pushpa from the house but would forcibly take her back thereafter. Pushpa made a complaint to the women cell at PS Nanakpura where in writing Hari Prashad agreed not to drink liquor and beat Pushpa. Hari Prashad used to look down upon their family and used to taunt Pushpa saying that she had got useless dowry articles. Tonight Hari Prashad gave beating to Pushpa as a result of which she poured kerosene on herself and set herself on fire. Making an endorsement beneath the statement PW -1/C SI Prem Singh dispatched the tehrir and HC Hari Saran registered the FIR Ex. PW -10/B for an offence punishable under Sec. 306/498A IPC.

(3.) Returning to Pushpa's matrimonial house, SI Prem Singh summoned a photographer who took the photographs Ex. PA -1/3 -124. He prepared the rough site plan Ex. PW -16/B of the place of the occurrence and lifted a glass bottle Ex. P -1, burnt clothes Ex. P -2 and burnt matchsticks Ex. P -3. He sealed the exhibits and drew up the seizure memo Ex. PW -13/A. Around 5:00 in the morning the constable on duty at LNJP Hospital informed the duty officer at PS Defence Colony that Pushpa had died which information was recorded vide DD No. 13A. Pushpa's body was seized and sent for post -mortem. SI Prem Singh took Pushpa's brothers, Hari Prashad Pandey and Sanjay Pandey along with their mother Shashi Pandey to the Sub -Divisional Magistrate who recorded their statements. Post -mortem report Ex. PA and Ex. PB records death due to shock occasioned by burn consequent upon ante -mortem injuries. It records that scalp hair of Pushpa were preserved for analysis.