MADHU BALA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The dying declarations made by Vinod Bala are the basis of conviction of her sister-in-law Madhu Bala, the appellant herein for offence punishable under Section 302 of the Indian Penal Code.

(2.) By this appeal, the appellant is challenging her conviction for the offence of murder and also the sentence of life imprisonment imposed on her. The prosecution case was that on 26th April, 1983 at about 3.45 P.M., Vinod Bala was burnt by her sister-in-law Madhu Bala in their house No. C-813, Mangol Puri, Delhi. According to the prosecution, the appellant had poured kerosene oil on Vinod Bala and thereafter set her on fire. The incident happened in a corner of one of the rooms of the house, which corner was being used as a kitchen by the deceased and her husband. Subhash.

(3.) It is the admitted case of the prosecution that Subhash, i.e., the husband of the deceased has four sisters. The appellant Madhu Bala is one of them. The First Information Report about the incident was recorded on the basis of a statement made by Vinod Bala to Shri S.C. Gupta, who was at the relevant time, the Sub Divisional Magistrate. This statement was made at about 4.15 P.M. on 28th April, 1983 in the Burns Ward of LokNayak Jai Prakash Narayan Hospital, Delhi. Vinod Bala had been removed to the hospital by her husband Subhash on the day of the incident itself. The M.L.C. recorded at the time of her admission by Public Witness 14, Dr. Komal Singh is to the following effect :