MOMINA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. A 26 years old married lady with two children was put aflame and died of 95% burns. She was admitted to City Hospital Hapur Road, Meerut, where her dying declaration was recorded by Sri R. R. Singh, Additional City Magistrate-I, Meerut in presence of Dr. Joseph Jamal Zaidi, a Surgeon. The doctor certified that she was fit to make a statement. The statement which she has alleged to have given to the Magistrate is as follows when translated into English; "i Jamila wife of Isamuddin aged about 26 years, resident of Ghamera, P. S. Babuganj Chawni, District Ghaziabad depose on oath that whatever I say, will say the truth. It came to me. I put myself aflame by sprinkling Kerosene oil. My mother-in-law and two small sister-in-laws were inside the house at that time. I have two children; daughter Shahin and son Sahil. There is no role of my family or my husband in this incident. I do not want to say anything except this. "

(2.) THEREAFTER, the police of Police Station Babugarh, under Section 306 IPC. submitted a Charge-sheet (in Case Crime No. 304 of 2006) in the Court of Judicial Magistrate, Hapur District Ghaziabad against four persons who are the husband, the father- in-law, mother-in-law and father-in-law's brother. The aforesaid three in-laws out of the four excluding the husband have come to this Court under Section 482 Cr. P. C. seeking eradication of their names from the array of the accused in the case.

(3.) A little probe into the circumstances of the case, will reveal that there is tumult and storm under the placid surface. Courts are supposed to delve deep into matters like these to unearth the truth. Anyone who looks at the dying declaration of the deceased lady, and the words used therein, will be forced to suspect the veracity of the dying declaration. The words in the Dying Declaration that no one in the family is responsible for her killing are significant and reveal the tutored character of the dying declaration.