STATE OF U P Vs. RAM VISHAL SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 14.11.2002, passed by Sri Sagwa Singh then learned Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Hamirpur in Sessions Trial No. 246 of 1992, State v. Ram Vishal Singh and others, whereby he acquitted the accused respondents of the charges under Sections 498A and 304B, I.P.C. in Case Crime No. 114 of 1991, Police Station Khanna, District Hamirpur.

(2.) THE facts relevant for disposal of this appeal are that on 8.7.1991 at 9 a.m. Smt. Sunita wife of Guman Singh aged about 20 years resident of Akbai, Police Station, Khanna, District Hamirpur was admitted in the District Hospital, Banda as a case of burn injuries. She had burn injuries upon her face, neck, chest, back and arms. She was medically examined and as per medical examination report, she was in her senses. Her pulse rate was 68 per minute and her blood pressure was 100/60. Hair of her head were burnt. THEre was swelling on her face and there was smell of kerosene oil. THE doctor who was on the emergency duty gave information to the police and also sent requisition to the S.D.M. at 9.25 a.m. for recording her dying declaration, and under orders of the authorities concerned, the Naib Tehsildar reached the hospital and after obtaining a certificate from the doctor that she was in a position to give her statement, started to record her statement at 10.40 a.m. She stated in that statement that on the above date at about 8 a.m. she was cooking food for the family members. She was wearing a terricot Sari. She lighted the stove. THEn a flame came out from the stove suddenly and her Sari caught fire. THEn she tried to extinguish the fire and shouted for help. THEn her mother-in-law reached there. Her husband was playing cards outside the house. He also reached there and rescued her. Her younger sister-in-law Somkali also reached there. She further stated that she had, in this way ; accidentally caught fire and none had burnt her, and all the members in the family were residing in the house in a congenial atmosphere and no quarrel had taken place with any one. She further stated that she had no issue and that the name of her father-in-law was Ram Vishal. This statement was completed by 10.45 a.m. Smt. Sunita died the same day at 5.15 p.m. THEreafter her postmortem was performed on 9.7.1991 and in the opinion of the doctors performing the postmortem, her death was caused due to shock as a result of ante-mortem burns.

(3.) THE prosecution produced Pratap Singh as P.W. 1. He narrated the entire F.I.R. case on oath. He also proved the F.I.R. as Ext. Ka-1. He also filed a letter alleged to have been written by Sunita to him and the envelope in which this letter was sent. THE envelope has been marked as Ext. 1 and the letter has been marked as Ext. 2. He has stated that he had given a copy of this letter to the C.O. who was investigating the case.