BISHNO DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellants were tried and convicted on a charge under Section 302 read with Section 34 IPC by a judgment dated 30th July, 2005 of learned addl. Sessions Judge, Delhi and sentenced to imprisonment for life and a fine of rs. 1000/- each, in default of payment of fine to undergo imprisonment for one month. They are in appeal against the aforesaid conviction and sentence.

(2.) THE prosecution case unfolds that on 13th March, 2000 at about 11. 30 am a wireless message was received at PS Nangloi that a man had received 90% burns. Accordingly, a DD entry No. 8a was made in this regard and on a copy thereof being marked to SI Rajpal Singh, he proceeded to House No. B-584, Camp no. 2, JJ Colony, Nangloi, Delhi the place of incident. Later at 1. 15 pm, a telephonic information from the duty Constable at Safdarjang Hospital, Delhi was received at the police station regarding admission of one Laxman Singh s/o ghasi Ram r/o B-584, Camp No. 2, Nangloi, Delhi in the hospital with 100% burns which was recorded as DD No. 13a. At the time of admission of Laxman Singh, injured in the hospital the doctor concerned had recorded ?alleged history of sustaining burn injury when his sister and brother-in-law overpowered him, poured kerosene oil and burnt him?. SI Rajpal Singh on learning that the injured had been taken to the Safdarjang Hospital, reached there and obtained the MLC of the injured. He made an application (Ex. PW 23/c) at 2. 45 pm on that very day seeking permission from the Chief Medical Officer to record the statement of the injured whereupon the doctor concerned certified the injured fit for statement as reflected from his endorsement on the said application. SI Rajpal Singh thereafter recorded the statement of the injured. The statement so recorded disclosed that on 13th March, 2000 at about 11. 15 am while the injured was present at his house, his sister Bishno Devi, accompanied by her two sons, namely, Pappu and Rajesh came there. Pappu gagged him by his hands, while Bishno Devi otherwise caught hold of him and Rajesh poured kerosene oil on his person from a bottle which he had brought with him and set him afire. All the three left the spot after setting him ablaze. On Laxman Singh crying for help, people from the locality reached there and extinguished the fire. He was thereafter removed to Safdarjang Hospital in a PCR van. Apart from making a detailed account of the incident, the injured also mentioned the reason for his being set on fire by the appellants. Laxman Singh succumbed to burn injuries on 15th March, 2000. The case FIR No. 216/2000, which was initially registered under Section 307/34 IPC, was converted into one under section 302/34 IPC against the appellants.

(3.) THE conviction of the appellants is based on three dying declarations. Apart from the statements of the injured recorded in the MLC by the doctor concerned and subsequent one by SI Rajpal Singh, the deceased had, according to the prosecution, also made an oral dying declaration to ASI mahender Singh, PW-22 on way to Safdarjang Hospital in the PCR van.