BATTO Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeals Nos. 211 / 93 and 34/94. There are two appellants in Criminal Appeal No. 211/93, namely, Smt. Batto and Smt. Raj Rani, who arc mother and daughter respectively, while Criminal Appeal No. 34/94 is by Suresh Kumar son of Smt. Batto. All the three accused were convicted by the learned Addl. Sessions Judge under Sections 302/ 34, Indian Penal Code for the murder of one Har Piari @ Happo. All the three were sentenced to RI for life and each convict was sentenced to pay rupees ten thousand as fine and in default to undergo SI for three years each.

(2.) Briefly, the facts are that the three accused were tenants in House No. 10832, Gali Phoolwali, Manak Pura, Delhi on the second floor belonging to Smt. Har Piari. As per the statement of Har Piari recorded by SI Raghunath Singh, Public Witness Public Witness 22, the Investigating Officer (for short the 10) a dispute had been going on between her and her tenant Batto and her son Suresh and daughter Raj Rani since long. On 21 st July, 1986 soon after the midnight, i.e., 00.30 a.m. Har Piari was present in the house and her dog was barking. Batto had come back along with her son and daughter after seeing a movie. According to Har Piari, Batto started hurling abuses on her on the barking of the dog. Har Piari asked Batto not to do so. Batto further abused Har Piari saying that she should catch hold of her son-in-law referring to the dog. The actual words allegedly used were "APNE JAMAI KUTTE KO PAKAR LE". When Har Piari again asked Batto not to do so, Batto grapled with her in the staircase and thereafter Batto's son Suresh and daughter Raj Rani also joined. They also grapled with Har Piari. Har Piari went on to say that Batto brought a container of kerosene oil and Raj Rani having taken the container of kerosene oil from the hand of Batto sprinkled kerosene oil on Har Piari while Suresh set Har Piari on fire with a match stick. Lot of people came over and doused water on her and put out the fire. Her saree was completely burnt. She was brought to the hospital in an ambulance. This statement was recorded in the hospital and bears the left thumb impression of Har Piari. It is signed by the 1.0. who recorded the same. It is attested by Dr. Iqbal Ahmed. The statement is Ex.PW 22/A and has been treated as a dying declaration and in fact for the conviction of the appellants this statement is one of the main pieces of evidence accepted by the Trial Court.

(3.) Sidharth, Public Witness PW4, a neighbour, on hearing the hue and cry going on in Har Piari's house, informed the Police Control Room on telephone No. 100 from his personal telephone about the incident. Police Control Room inturn informed Police Station Desh Bandhu Gupta Road about the incident and information having been received from PCR. Head Constable Uday Bir Singh, aduty officer at Police Station Desh Bandhu Gupta Road informed Police Post ShidiPura about the same. DD No. 5 was recorded at 12.50 a.m. on 21st July, 1986 at the Police Post ShidiPura. It was further noted in DD-5 that the said police post had already received an information from an unknown person on telephone and DD No. 3 had already been recorded at 12.45 a.m. at the said police post. SI Raghunath Singh along with other police officers had already left for the place of occurrence. In the meanwhile it appears that fire brigade had also been informed about the incident and ambulance from fire brigade had reached the spot along with leading Fireman Raj Singh Public Witness Public Witness 19 accompanied by other fire men. Har Piari was removed to the LNJP Hospital in the fire brigade ambulance by Raj Singh and she was got admitted in the hospital by him. The MLC of Har Piari recorded at the LNJP Hospital is Ex. Public Witness Public Witness 18/A and it shows that the patient was brought by Raj Singh at l.lO. a.m. It is further recorded in the MLC "alleged history of sustained burn injuries due to pouring of kerosene oil by Batto Devi, Suresh and Rani and setting her afire." It was also noted on the MLC that the patient was conscious and well-oriented in time and space. Pulse rate was 80. The MLC was recorded by Dr. Komal Singh who was examined as Public Witness PW 18.