SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal appeal was preferred by Appellant Satbir Singh and his mother Parmali Devi, challenging their conviction under Section 304-B/43 IPC by the ld. Court of Additional Sessions Judge, Jagadhri vide judgment dated 1-10-2002.

(2.) Vide order dated 1-10-2002, the Appellants were sentenced to 7 years of R. I. The sentence of the Appellant No. 1 was suspended by this Court vide order dated 26-10-2004 and of Appellant No. 2 on 16-4-2004. During the pendency of the present appeal, Appellant Parmali Devi died, As such, this appeal stands abated qua Parmali Devi.

(3.) Brief facts of the case, sans unnecessary details, as put forth by the prosecution are as follows. On 19-11-2000 at about 10:42 p.m. deceased Roshni Devi, aged 22 years, was admitted in a private hospital i.e. Gaba Hospital at Jagadhri, where she was brought by her husband i.e. Appellant Satbir Singh. The treating doctor Dr. B. S. Gaba telephonically informed the police since it was a case of suspected poisoning. Medical condition of the deceased was very serious and was deteriorating. As such Dr. B. S. Gaba, in the presence of Dr. Geeta and one Shri Anil Jaiswal, who happened to be there as an attendant of another patient, recorded the dying declaration Ex. PJ of deceased Roshni Devi. The dying declaration was taken down in the form of questions and answers. AS per the dying declaration, the deceased stated that her husband and her mother-in-law used to harass her on account of bringing insufficient dowry and not being of their blood and on that day had severely beaten her. She also implicated her brother's-in-law and their wives (Jeth and Jathani) and further stated that everybody at home used to harass her. She also stated that she was very sad on ac count of her harassment and she took poison herself.