RAM DHAR Vs. STATE

JUDGEMENT

(1.) Sumitra received burn injuries on 5th December, 1987 at about 1:00 p.m. in her jhuggi at Kathputli Colony, Pandav Nagar, New Delhi. She was aged about 35 years. She had been married to Ram Dhar for about 20-22 years. They had a son named Sonia who was at that time aged about 12 years. She was admitted in Dr. Ram Manohar Lohia Hospital, New Delhi soon after the incident. ASI Hari Singh, 1.0. reached the hospital on the basis of a D.D. entry No.l6-A (Ex. Public Witness -1/D) recorded at Police Station Patel Nagar. The DD entry shows that Constable Ombir Singh had informed through telephone from Dr. R.M.L. Hospital that a lady had been admitted in the hospital in burnt condition. The ASI recorded the statement of Sumitra in the hospital in which she stated that her husband Ram Dhar, the appellant herein had thrown burning stove on her as result whereof her clothes caught fire. She stated certain other things in her said statement to which we will advert to later on. Ram Dhar the appellant was arrested on the same day.

(2.) On the basis of the statement, FIR No-425/87 was registered at Police Station Patel Nagar under Section 307 Indian Penal Code Sumitra ultimately died on 9th December, 1987 as a result of the burns received by her. The appellant was charged and tried for offence under Section 302 Indian Penal Code for committing murder of his wife Sumitra.

(3.) The prosecution examined several witnesses including some relations of the deceased as also aneighbour. Various police officers who dealt with the case in their official capacity including the 1.0. were further examined. The doctor who recorded the M.L.C. of Sumitra at the time when she was admitted to hospital, was examined. The doctor who performed the post mortem was also examined. Shri Arun Goel who was the S.D.M., Patel Nagar, New Delhi at the relevant time was examined as Public Witness -17 since he recorded a dying declaration (Ex. Public Witness -17/A).