KAMLA Vs. STATE

JUDGEMENT

(1.) ON 21.1.1991 at about 8.30 p.m, Lady Constable Shashi No. 2681/PCR informed Police Station Gokal Puri that one Ram Sujan had intimated on telephone that a lady has sustained fire burn injuries at House No. F -2/3 Dalapur, Karawal Nagar, Delhi. The information was converted into DD No. 21 (Ex.PW6/A) and a copy thereof was sent to SI Champat Singh, PW20 for verification. SI Champat Singh proceeded to the spot of occurrence where he came to know that injured Malti (deceased) had been removed to GTB Hospital. SI Champat Singh then reached the hospital and collected the MLC of injured Malti. He contacted the attending doctor who declared injured Malti fit for statement and recorded her statement Ex.PW20/A. The deceased stated that the appellant Kamla was her neighbour and she generally remained in the company of her husband which was not liked by her. Whenever she protested, the appellant quarreled with her. On the fateful day, when she demanded money for expenses from her husband, he gave beating to her in the afternoon. At around 8.00 p.m., a quarrel ensued between her and Kamla and in the fit of anger, Kamla picked up a plastic can containing kerosene oil from her house and threw kerosene oil on her. Thereafter she set her on fire by throwing a lighted matchstick. On this, she raised alarm and ran outside. Some persons present in the street extinguished the fire by pouring water on her and rushed her to the hospital. Her aforesaid statement was attested by Dr. T.S. Daral, PW4. The Investigating Officer sent said statement along with his endorsement to the police station with a request for registration of formal FIR under Section 307/34 IPC and on the basis of said ruqqa, formal FIR was recorded.

(2.) THAT the Investigating Officer SI Champat Singh, after the receipt of copy of the FIR, went to the spot of occurrence. He prepared a rough site plan Ex.PW20/C. He found one plastic can of kerosene oil at the spot of occurrence which was taken into possession vide memo Ex.PW7/A. He also got the spot of occurrence photographed, he requisitioned the services of the SDM for recording the dying declaration of the deceased and PW21, SDM Sh. K.K. Siam recorded the dying declaration of the deceased the next morning some time before 11.15 a.m. On 31.1.1991, Malti (deceased) expired in the hospital and on receipt of information of her death, the offence was converted into Section 302 IPC. Inquest proceedings were conducted, dead body was sent for post mortem and the post mortem report Ex.PW15/A was collected and as per the opinion of the post mortem doctor, Dr. L.T. Ramani (PW15), the patient had suffered burns all over the body and the cause of death was opined to be septicaemia following infected burns. On 1.2.1991, the investigation was taken over by Inspector Satyavrat thereafter it was taken over by the SHO w.e.f. 20.2.1991. On 11.4.1991, scaled site plan was prepared by Inspector Davinder Singh. On completion of investigation, appellant Kamla was challaned and sent for trial under Section 302 IPC.

(3.) DURING trial, the prosecution examined 21 witnesses to bring home the guilt of the appellant. PW1 Vidya Sagar, PW10 Sukhraj Singh, PW13 Shri P.L. Chopra, PW14 Rajesh, son of the deceased and PW17 Balbir Singh who are examined by the prosecution to prove that there were strained relations between the deceased and her husband and that the deceased, when the fire was extinguished, was saying that she was set on fire by the appellant after pouring kerosene on her. The above witnesses, except PW14 Rajesh, however turned hostile and did not support the case of the prosecution. Though PW14 Rajesh was also declared hostile, he stated in his examination -in -chief that when he reached in the gali, his mother was shouting that Kamla Pandatiyan has set her on fire after pouring kerosene on her. PW20 Inspector Champat Singh, in his testimony, has proved the dying declaration of the deceased Ex.PW20/A, which was initially recorded as the complaint statement before registration of the case and PW21 Sh.K.K. Siam, SDM, Shahdara proved the dying declaration of the deceased recorded by him on 22.1.1991.