GOVIND RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANTS Govind Ram (husband) and Smt. Basanti Devi (mother -in -law) are the convicts for the offence of sections 498A and 304B IPC. They have appropriately been sentenced by the Additional Sessions Judge, Almora. The Sessions Trial No. 79 of 1998 pertains to police station Almora. Deceased M s. Kanta, a young lady of 22 years of age, was married to appellant Govind Ram 1 1/2 years' ago of her death. She died on account of burn injuries. As per the dying declaration recorded on 05.05.1997 at 5:38 P.M. by Mr. Dev Murti Yadav, Naib Tehsildar, the fire broke out when the victim was trying to ignite fire in the evening. Her clothes caught fire because when at the first instance, she could not succeed to ignite fire, she sprinkled kerosene oil in the second attempt and then ignited matchstick. Unfortunately, that matchstick fell on her Sarree making her ablaze. The first information report was lodged on 10.5.1997 at 4 PM by PW1 Heera Ram (father of deceased) wherein the allegations of demand of dowry from the members of in -laws have extensively been made. It has also been stated that she was cruelly treated by the appellants demanding dowry from her. So, the police submitted chargesheet against the appellants and after trial, they have been convicted by learned Trial Judge on the basis of dying declaration.

(2.) IT is very significant that in this case, two dying declarations of the deceased were recorded. The first dying declaration was recorded, immediately after she was admitted in the hospital, on 5.5.1997, by Naib Tehsildar of the concerned area, in presence of Chief Medical Officer, on duty, who certified that the patient was fit during and after giving such statement. In that declaration, she has completely exonerated the appellants from being involved in the incident. She has taken the blame for catching fire of her clothes upon herself.

(3.) IT is also relevant to mention that in the subsequent statement, the presence of mother -in -law has also been shown. It has further been divulged by the victim that her husband and mother -in -law saved her after covering her head body by a cloth.