SONU @ ASHIK Vs. STATE OF UTTARANCHAL (NOW UTTARAKHAND)

JUDGEMENT

(1.) Appellant Sonu @ Ashik, his younger brother Bablu @ Asif and father Mohd. Ali were tried in S.T. No.101 of 2011 by learned Additional Sessions Judge, Dehradun for the offences of section 498-A and 304-B IPC in crime no.59 of 2011 pertaining to police station Patel Nagar, Dehradun. The trial ended into the conviction of appellant for the above-offences whereas rest of the accused persons were acquitted by the Court.

(2.) The first information report was lodged on 12.3.2011 at 3:30 PM against the afore-named accused persons besides Gulnaz (mother-in-law) too, by Smt. Akila (mother of deceased). Deceased Salma @ Rani, a young lady in the prime of her mid twenties, was wedded three years' ago of the fateful day when she lost her life. The incident occurred in the morning hours at 7 AM of 12.3.2011 when she was in her matrimonial house. She suffered burn injuries to the quantum of 99 percent in the morning and was got admitted in the local Coronation Hospital at Dehradun, soon after the incident at 7:30 AM, as an unsuccessful attempt to save her life. She was admitted by her own husband Ashiq (appellant herein). Since her condition was 2 critical, being 99 percent or 100 percent ablazed, so the Additional Tehsildar/Magistrate of the area was called to record her dying declaration. Such dying declaration (Ex.Ka-4) was recorded from 1:40 PM to 1:55 PM under a certificate of the Emergency Medical Officer declaring her fit to make such statement. The certificate of the doctor before commencement of the recording such statement is Ex.Ka-3 and subsequent to such recording is Ex.Ka-4 on the same paper. It would be worthwhile to reproduce the English translation of the dying declaration which is as follows:-

(3.) Recovery Memos Ex.Ka8 and Ka-9 also divulge the presence of matchbox, stove with kerosene oil and burnt clothes. Deceased was married just before three years of this unfortunate incident, so the death occurred within seven years of her marriage, as has been envisaged to draw presumption under 113-B of the Indian Evidence Act r/w section 304-B of the IPC. The death also took place under the abnormal circumstances. Dying declaration too attributes the entire responsibility of this unfortunate episode on the appellant/husband and the Court is aware that at times admissibility of the dying declaration is so sacrosanct as the same, by itself, may be sufficient to send the person, 3 named therein, to the gallows but still this Court cannot be oblivious of the fact whether the contents of the instant dying declaration attract the provisions of Section 304-B of the IPC read with the presumption as envisaged under section 113-B of the Indian Evidence Act.