RANBIR AND ANOTHER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) On 11.1.1993, around 4.00 A.M. Smt. Nahni alias Mayawanti, a young issueless woman received almost 100 burns in her residential house in village Bakherta within the area of Police Station Sampla. She was removed to the Civil Hospital by Ranbir, her husband, appellant-accused with whom she was married about 4/5 years prior to her death. No Judicial Officer could be available to record the dying declaration of Smt. Mayawanti, Ultimately on the same day i.e. 11.1.1993 Dr. Naveen Chitkara P.W.5 recorded the dying declaration Ex. PF around 2.00 P.M. She was asked in question answer form the circumstances which led to the incident of fire.

(2.) The deceased, however, claimed that she lived with her husband Ranbir, who along with Kamla, his brother's wife poured kerosene on her. Kamla alias Bimla appellant lighted a match stick and set her ablaze. She also claimed that the neighbours rescued her. The demand of money from her was the motive for the crime. She also stated that she wanted punishment to these offenders.

(3.) On the basis of the said statement/dying declaration Ex. PF. first information report Ex. PF/2 was recorded at 3.20 P.M. and special report reached the learned Ilaqa Magistrate at 9.00 P.M. the same day i.e. on 11.1.1993 as the deceased had expired at 7.50 P.M.