RISHI Vs. STATE

JUDGEMENT

(1.) ?nemo moriturus praesumitur mentire ? a man will not meet his maker with a lie in his mouth?. The present case revolves around two dying declarations made by the deceased dated 30. 6. 2002. The necessary facts of this case are : that on 30. 6. 2002 at about 2:25 a. m. information was received in Police Station Hauz Khas that a person had received burn injuries due to stove in house NO. 192 near Balmiki basti, Katwaria Sarai, New Delhi. The information was recorded as DD No. 29a, copy of the same was handed over to S. I amar Singh, who reached the place of occurrence along with constable Dharamvir. 1 on reaching the place of occurrence, S. l. Amar Singh found in the courtyard of the house some kerosene oil lying spread on the floor, some match sticks, one kerosene stove and a plastic bottle lying. On learning that the injured has been removed to safdarjung hospital, leaving behind constable dharamjeet, S. I. Amar Singh also went to the burn ward of Safdarjung Hospital and found, injured-Sunil, admitted there. The injured gave the history of the incident by stating that he sustained thermal burn injury; while he was asleep suddenly when he woke up, he found that his body was wet with kerosene oil and he saw his wife light a match stick and burnt him, she was accompanied by her brother. Dr. Sushil kumar Azad, PW-13, recorded this history on the MLC (Ex. PW-13/1) in his hand. S. I. Amar Singh collected the MLC of Sunil and filed an application for permission to record the statement of the injured. Vide endorsement Ex. PW-15/3 on the application, Sunil was declared fit for making statement by the doctor. S. I. Amar Singh recorded the statement of the injured, Sunil. This statement is Ex. PW-13/3. In this statement before S. I. Amar Singh, injured-Sunil stated that he was residing at house (house No. 192 near Balmiki Basti, Katwaria sarai, New Delhi) of the Arun Kumar, as a tenant; he was doing the job of sweeper in a private hostel and his wife was a domestic servant. He has a son aged 10 years and a daughter aged 3 years. He was married to manju 12 years back. He stated that on 29. 6. 2006 he had scolded his wife, as she did not serve him food and for this reason his wife Manju got annoyed and called her brother, Rishi. He further stated that on the previous night his wife did not serve him dinner and so he went to sleep without having taken any food and slept on the bed in the courtyard of his house. Around midnight he smelt some kerosene oil due to which he got up and saw his wife, Manju pouring kerosene on him and his brother-in-law standing with her and he was having a match box and he threw a lighted match stick on him due to which his body caught fire. On his raising an alarm, ;son of his neighbour came to his rescue, he put some water in his body and tore away his clothes and then his wife-Manju took him to the hospital. He stated that his wife and his brother-in-law (Rishi) attempted to kill him by putting him in fire. On 20. 6. 2002 at 2:45 p. m. Sunil succumbed to the burn injury and the duty constable in the hospital informed the Police Station Hauz Khas about the death of the Sunil, which was recorded as DD No. 14a.

(2.) AFTER completing the investigation, charge-sheet was filed for trial of the accused persons.

(3.) THE appellants have filed the present appeal against the judgment dated 28. 8. 2006 as well as order of sentence dated 29. 8. 2006 delivered by the Additional sessions Judge, New Delhi, in the case FIR no. 403/2002 Police Station Hauz Khas, whereby the learned Judge has held the appellants guilty for the offence under section 302 IPC read with 34 IPC and both the appellants were sentenced to. imprisonment for life and to pay fine of rs. 1000/- and in default of payment of fine ri for 2 months.