STATE Vs. GIRISH KUMAR BHASIN

JUDGEMENT

(1.) THE State has preferred this appeal against the impugned judgment dated 21.2.2000, vide which the respondent Girish Kumar Bhasin has been acquitted of the charge under Section 302 as also under Section 498A IPC.

(2.) THE deceased Jyoti was the unfortunate wife of the appellant. The parties had been married in the year 1986 and they had two children out of the wedlock. In the intervening night of 11 -12.5.1991, Jyoti received burn injuries in her matrimonial home at house No. 2829, Ashok Gali, Ram Bazaar, Mori Gate, Delhi. Time of the incident was around midnight. Victim Jyoti was admitted to R.M.L. Hospital by her mother -in -law Smt. Kamlesh Bhasin PW -7. Her MLC Ex.PW -1/A recorded at 1.15AM on 12.5.1991, shows that patient had been admitted with 75% burns but she was otherwise conscious and well -oriented. The victim had finally succumbed to her injuries on 15.5.1991, at about 4.45PM.

(3.) THE first dying declaration Ex.PW -10/A was recorded on 12.5.1991, at 4.15AM by the S.D.M. Shri Dharmender Sharma PW - 10. As per this version the appellant had been exonerated. In this dying declaration Jyoti had stated that when she had gone to the kitchen to prepare tea, she had pumped the stove after pouring kerosene oil in it and as soon as she lit the match her nylon suit caught fire; pursuant to which she got burnt; her husband Girish was sleeping with the children outside; on hearing her cries he came in the kitchen and put a blanket on her and in this process his hands also got burnt.