RAM SINGH Vs. STATE

JUDGEMENT

(1.) Ram Singh, appellant, his wife Hemlata along with their two children Lakhan (aged 5 years) and Pramod (aged 2 years) used to reside at house no.C-l/136, Krishna Vihar, Delhi. Ram Singh worked as a tailor. On 20th March, 1987 at about 8:30-9:00 A.M. Hemlata and her two sons named above got seriously burnt. The Police Control Room was informed about this incident. The Police Control Room passed on the information through wireless to police station Sultanpuri where it was recorded in the Daily Diary at no.l2-A (Ex. Public Witness -4/A). At the Police Station the message was passed on to S.I. Sat Prakash who proceeded to the place of occurrence. The information was also received through wireless by Head Constable Rajpal who was on Ambulance Van duty. He reached the spot before S.I. Sat Prakash and removed Hemlata and her two sons Lakhan and Pramod to Dr. Ram Manohar Lohia Hospital, New Delhi. The MLCs of the three injured persons were prepared by Dr. Munish Chand Gupta, Public Witness -13. According to the M.L.C. of Lakhan, Ex. Public Witness -13/A, he had received 90% burn injuries. The MLC showed that the patient was brought to the hospital by Head Constable Rajpal in Ambulance Van. The MLC records alleged history of burns. Smell of kerosene oil from the burns. There were burns over face, neck, upper chest, whole back, lower abdomen, both lower limbs, only an area of about 10% was spared. Lakhan died on the same day at about 12:00 noon. The MLC of Pramod Ex. Public Witness -13/B again shows that he was brought by Head Constable Rajpal on the Ambulance Van. It shows alleged history of burns. Smell of kerosene from the burns. It was a case of 100% deep burns. There were burns over face, scalp, neck, chest, abdomen, whole back, both lower legs. Pramod died at 2:30 p.m. on the same. day. Hemlata as per her MLC was brought by Head Constable Rajpal of the Ambulance Van. The MLC is Ex. PW-13/C. The MLC records "alleged history of burn, patient conscious but not giving the details of circumstances of burns". It was again recorded as a case of 100% deep burns over face, neck, chest, abdomen, whole back, both lower legs. Smell of kerosene from the burns and her clothes was also recorded. Hemlata died on 22nd March, 1987 at 6.15 p.m.

(2.) When S.I. Sat Prakash reached the spot he made an endorsement on the D.D. Entry for registration of a case under Section 309 Indian Penal Code Accordingly, an FIR was registered under Section 309 Indian Penal Code He prepared the site plan, got the place of occurrence photographed. He took possession of the stove, one match box and a used match stick. Thereafter he went to the hospital where Hemlata was found unfit for making a statement. On next day, i.e., 21st March, 1987, DD entry 12-A was recorded in the Police Station Sultanpuri at 1:00 p.m. to the effect that Constable Harnam Singh from RML Hospital had informed that the doctor had given permission in writing to record statement of Hemlata. It was requested that concerned officer along with Magistrate be sent. The MLC of Hemlata Ex. Public Witness -13/C contains an endorsement Ex. PW-16/A to the effect that the "patient is fit for statement" signed by Dr. M. Prakash on 21st March, 1987 at 11.35 A.M. It appears from D.D. entry 12-A dated 21st March, 1987 (Ex. Public Witness -4/B) that S.I. Sat Prakash had already left for RML Hospital for getting the post mortem of deceased children done. S.I. Sat Prakash recorded the statement of Hemlata. The time of recording of this statement of Hemlata by S.I. Sat Parkash is not very clear. However, it appears that it was recorded at about 11.45 A.M. to 12.00 Noon. At 11:35 A.M. she was declared as fit for making the statement and S.I. Sat Prakash while appearing as Public Witness -17 stated in his cross examination that he "started recording statement of Hemlata in 5/7 minutes". This should make it that the statement of Hemlata was recorded by the 1.0. between 11.45 A.M. - 12.00 Noon on 21st March, 1987. In this statement, Hemlata implicated her husband stating that her husband had poured kerosene oil on her and on her two sons and then ignited fire which resulted in the burn injuries to three of them. An Executive Magistrate was also called to record the statement of Hemlata. The Executive Magistrate reached the hospital at about 5 p.m. and recorded her statement. In this statement also, Hemlata implicated her husband stating that he had poured kerosene oil on her and her two sons and set on fire which resulted in burn injuries to three of them. She also stated that she was being ill- treated by her husband. Her husband also had quarrel with her a few days earlier on the day of festival of Holi when the sister of her husband and the sister's husband had visited them. The case was converted to under Sections 302/307 IPC.

(3.) The post mortem of the body of Hemlata was conducted by Dr. L.T. Ramani, PW-5 on 23rd March, 1987 at 12:30 p.m. According to the post mortem report Ex. PW-5/A, "there Were third degree burns present all over the body, involving 100% body surface, except a small patch over the right shoulder. Cuticle was blackened and peeled off all over. There was venesection cut open on the right ankle. Nails were burnt. Scalp hair were burnt at margins, no smell of kerosene oil was detected in scalp hair (preserved) no other mark of violence seen". The burns were reported as antemortem, caused by fire. The opinion about death was that it was due to shock resulting from burns. Dr. Ramani who appeared as Public Witness -5 proved the said post mortem report.