STATE OF HARYANA Vs. SURENDER @ SHAILENDER

JUDGEMENT

(1.) The State of Haryana has filed this application for grant of leave to appeal under Section 378(3) Cr. P.C. against the judgment dated 23.12.2008 passed by Sessions Judge, Bhiwani, whereby respondent Surender @ Shailender has been acquitted of the charge under Sections 302/307 IPC.

(2.) In the present case, respondent Surender @ Shailender was tried by the Court of Session for committing the murder of his wife Kaushalya by sprinkling kerosene oil on her and setting her on fire at her matrimonial home. In this case, the occurrence had taken place at 2.00 p.m. on 20.8.2007. The husband (respondent) extinguished the fire. He also received burn injuries on his fore-arms. He had taken the injured wife to the hospital. On receipt of medical ruqa (Ex.P25), the police also came to the hospital. An application was moved before the doctor about the fitness of the injured to make statement. As per opinion (Ex.D1) of the doctor, the patient was declared fit to make statement. Thereafter, the Duty Magistrate was called to record the statement under Section 164 Cr.P.C. Shri Rajeev Goyal, JMIC, recorded the statement of the injured in which she stated that at 2.00 p.m. when she was burning the stove to prepare tea, the stove burst and she got fire accidentally. On hearing her noise, her husband came and put off the fire and got her admitted in the hospital. Nobody was at fault.

(3.) After four days of the occurrence, the police moved an application before the doctor, PGIMS, Rohtak, where the injured was shifted, and after obtaining the certificate from the doctor about fitness of the injured to make statement, called Duty Magistrate, Rohtak to record the statement. Then Shri Chander Hass, JMIC recorded the statement of the injured (Ex.P27) in which she stated that on 20.8.2007 at about 2.00/2.30 p.m. her husband was drunk. He removed his clothes and threatened to set himself at fire. Thereafter, he brought a Can containing kerosene oil. Instead of pouring kerosene oil upon himself, he poured the same upon her and set her on fire. On hearing the noise, neighbourers came to the spot and put off the fire. Thereafter, her husband Surender brought her to the hospital. She had further stated that her previous statement was given under pressure of her in-laws.