IKRAMUDDIN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 05. 08. 1994 passed by the learned Additional Sessions Judge, Delhi in sessions Case No. 102/1993 arising out of fir No. 94/91 registered in Police Station chandni Mahal whereby the appellant ikrammudin was found guilty for the offence punishable under Section 302 of the Indian penal Code, 1860 (hereinafter referred to as 'the IPC' ). The appeal is also directed against the order on the point of sentence passed on the same date, that is, 05. 08. 1994 whereby the appellant Ikrammudin was sentenced to rigorous imprisonment for life and to pay a fine of Rs 3,000/- and in default of such payment, he was required to suffer rigorous imprisonment for a period of one year.

(2.) THE prosecution case is that the deceased ashraf Jahan was in love with the appellant ikramuddin for over three years and that she wanted to marry him. It is also the case of the prosecution that about two days prior to the fateful day (09. 05. 1991), the appellant ikramuddin met Ashraf Jahan and had agreed to marry her. However, a day thereafter, ikramuddin met Ashraf Jahan on the roof of the house and refused to marry her. Her family members wanted to get her married to some other person. On 09. 05. 1991 at about 10 am while Ashraf Jahan was sitting for cleaning the utensils in one room of her house, it is alleged that the appellant ikramuddin came from the roof of their house and poured kerosene oil on her from a plastic can kept at that place. He then lit a match and set her on fire and ran away. These circumstances have allegedly been narrated by Ashraf Jahan herself in her alleged dying declaration Exhibit PW20/a, which was allegedly recorded by PW20 ASI Guru Dutt in the presence of PW22 Prabhu Ram, who was the Investigating Officer. The alleged dying declaration was allegedly recorded in the hospital. As per Exhibit PW20/a, while ikramuddin had poured kerosene oil on Ashraf jahan and put her on fire, in the adjoining room Ashraf Jahan's sister PW16 Nusrat jahan and brother-in-law PW1 Gulfam were present. When Ashraf Jahan was caught in flames, she allegedly saw Ikramuddin running away. She raised an alarm by exclaiming -"bachao, bachao. . . . . . . . " Apparently, ikramuddin had bolted the room from outside. She tried to open the door but fell down due to burns. Thereafter, her sister nusrat Jahan and Gulfam entered the room and extinguished the fire and her other brother-in-law PW4 Niyabuddin brought her to JPN hospital where she was admitted. She ultimately succumbed to her burn injuries on 10. 05. 1991 at 5 am.

(3.) MR Summet Verma, who appeared as an amicus curiae and presented the case on behalf of the appellant, submitted that the entire case of the prosecution hinges upon the so-called dying declaration Exhibit PW20/ a which is said to have been given by the deceased Ashraf Jahan. According to him the dying declaration suffers from several infirmities. It is not in question and answer form. It has been allegedly dictated by the investigating Officer Prabhu Ram and scribed by PW20 ASI Guru Dutt. Though questions were allegedly put to Ashraf Jahan, they have not been recorded. This circumstance, therefore, creates suspicion as to whether the alleged dying declaration was the true and correct declaration of Ashraf Jahan.