USHA RANI Vs. STATE (DELHI ADMN.)

JUDGEMENT

(1.) THESE appeals arise from the judgment dated 9.11.1993 delivered by the Additional Sessions Judge, Karkardooma, Shahdara, Delhi in Sessions case No. 203/1985 concerning FIR No. 161/1985 under Section 302/34 IPC registered at Police Station Seemapuri, Delhi. By the impugned judgment, the appellants Naresh Chand and Usha Rani, who are husband and wife, have been convicted for the offence punishable under Section 302 read with Section 34 IPC for committing the murder of Naresh Chand's sister -in -law Smt. Hemlata by pouring kerosene oil on her and setting her ablaze. The learned Additional Sessions Judge by his order on the point of sentence passed on 10.11.1993 sentenced both the appellants to undergo imprisonment for life and to pay a fine of Rs 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for three months each.

(2.) AS per the prosecution, on 27.4.1985 at about 10.40 a.m. a telephonic message was received from an unknown person at police post Nand Nagri that the clothes of a woman have caught fire in House No. A -5, Ashok Nagar, Delhi. The said information was recorded at the said police post vide DD Entry No. 12. ASI Rampat along with Head Constable Janki Prasad were deputed to investigate. They reached Swami Daya Nand Hospital and collected the MLC of the injured Hemlata wife of Mahesh Chand. At that point of time, in the opinion of the doctor, the injured Hemlata was unfit for making a statement and she was removed to Lok Nayak Jaya Prakash Narayan Hospital (LNJPN Hospital). ASI Rampat, after leaving Constable Tej Ram at the spot, went to LNJPN Hospital and collected the MLC of Smt. Hemlata. Apparently, at that time the doctor gave his opinion that the patient was fit for statement and the same ought to be recorded. ASI Rampat along with Head Constable Janki Prasad went to the Shahdara Courts and requested PW16 Mr. V.P. Rao, the then Sub Divisional Magistrate, to accompany them to the hospital and to record the statement of the injured Smt. Hemlata. The said Sub Divisional Magistrate, after obtaining the opinion of Dr Mohd. Ibrarullah that the patient was fit for making a statement, recorded the statement of Smt. Hemlata. The said statement is Ext. PW16/A. The statement is in Hindi. The English translation of the same reads as under:

(3.) APART from the above dying declaration Ext. PW16/A, the deceased Hemlata is also said to have made two oral declarations to PW2 Taras Chand and PW3 Bimla Devi. It is an admitted position that the entire case revolves around the dying declaration Ext. PW16/A recorded by PW16 Mr. V.P. Rao, the then Sub Divisional Magistrate, and also on the oral said dying declarations. The Trial Court, after examining the said dying declarations, came to the conclusion that they were truthful and correct and, therefore, convicted the appellants.