PREM DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 24/30.4.2001 passed by the learned Sessions Judge, Ilisar, whereby, the accused/appellants have been convicted for the offence under Sections and 304-B IPC and ordered to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each for the offence under Section 498-A IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month and for the offence under Section 304-B IPC, to undergo rigorous imprisonment for a period of seven years. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 8.10.1996, a wireless message was received at Police Post, Bass, Police Station Narnaud from I/C Police Post, Government Hospital, Bhiwani, regarding the admission of Smt. Birmati in the hospital having injuries on her person On receipt of the said VT message, ASI Jagmal reached Government Hospital, Bhiwani and moved application Exhibit PB, seeking opinion of the doctor about the fitness of injured whether she was fit to make the statement or not. The Medical Officer made an endorsement, Exhibit PB/2, on the application with a note that the patient was referred to PGIMS Rohtak.

(3.) ASI Jagmal Singh reached PGIMS, Rohtak and found that the patient was in critical condition. He moved an application, Exhibit PA, before the Sub Divisional Magistrate to get recorded the dying declaration of Smt.Birmati, the deceased, who vide endorsement Ex.PA/l directed Tehsildar to do the needful but on account of her being unfit, statement could not be recorded. Thereafter, the dying declaration of Smt. Birmati could be recorded only on 10.10.1996 in the presence of Chief Judicial Magistrate, which is Exhibit PD and reads as under :