ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSIDE Civil Hospital, Sonepat, Smt Shanti Devi (now deceased) made the following statement at Sh. Dharam Pal at 11.50 AM on 17th September, 1988, " I am a resident of Sonepat. Originally, I belong to Bhadani, P.S. Jhajjar and am a daughter of Shri Ram Swarup Jat. About 20 years ago I was married to Krishan S/o Sher Singh Jat r/o Brahi. My husband Sh. Krishan had died 15 years ago. Therafter I had contracted a court marrige with Shri Amar Singh S/o Bhim Singh Harijan r/o Brahi. After that had been living at Sonepat with Sh. Amar Singh for the last eight years, Sh. Ishwar, elder brother of my first husband Krishan had ill will against me on account of the fact that as to why I had got married with a Harijan boy. Due to this reason he wanted to kill me. Today it was about 9.15 A.M. I was cleaning the utensils at my residence when my Jeth (elder brother of first husband) Ishwar all of a sudden came the court yard (Sahara) of my house. Immediately on coming there he sprinkled kerosene on me and set on the fire with the help of match-stick. My clothes caught fire and my body got burnt. Ishwar Singh ran away. At that time many persons of Mohalla had come whose names I do not know. Thereafter I myself came to C.H. Sonepat for treatment by a rickshaw. Statement had been heard. It is correct". On its basis formal FIR No 559 was registered against the accused in Police Station City, Sonepat Smt Shanti Devi was referred to Medical College Hospital at Rohtak vide reference sheet Ex. PM on 17th September, 1988 itself. She breathed her last inside Medical College Hospital at Rohtak on 25th September, 1988. Thereafter, the offence was changed from Section 307 of the Indian Penal Code to Section 302 of the Indian Penal Code. Special report of the occurrence was received by the learned Ilaqa Magistrate at 2.55 PM on 28th September, 1988.

(2.) ON being charged with the commission of the offence under section 302 of the Indian Penal Code for having intentionally/knowing caused the death of Smt. Shanti Devi on 17th September, 1988, accused Ishwar Sigh pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 29th May, 1989 learned trial court convicted the accused to the commission of the offence under section 302 of the Indian Penal Code and sentence him to undergo life imprisonment and to pay Rs. 200/- as fine. In default of payment for a further period of three months. Feeling aggrieved therefrom convicted accused Ishwar Singh h as filed Criminal Appeal No. 254 DB of 1989 in this Court.

(3.) SMT Shanti Devi was killed year Jeth Ishwar Singh because after the death of her former husband Krishan (younger Brother of the accused) she had married a Harijan constable named Amar Singh. The cause of her death, disclosed by Smt. Shanti Devi in her statement Ex. PE made to the police in the presence of Dr. V.K. Gupta, PW8, has been duly supported by Dr. S.C. Bhateja Medical Officer, Civil Hospital, Rohtak PW 1 who conducted post-mortem examination on her dead body at 5.30 PM on 26th September, 1988. The witness states: "In my opinion the death and been caused on account of shock due to extensive burnsd and consequent complications on account of burns. The burns were ante-mortem and were sufficient to cause death in the ordinary course of nature. The time between injuries and death was within 5 to 7 days and between death had postmortem examination the time was 18 to 36 hours". Dying declaration of the deceased was made by Smt. Shanti Devi (now deceased) to S.I. Dharam Pal Singh PW 9 in the presence of Dr. V.K. Gupta PW8; after the doctor had certified to injured, vide his report Ex. PK/I on police application Ex. PK, to be fit to make a statement to the police. Dying declaration Ex. PE had also been attested by Dr. V.K. Gupta, PW8 who states, "Since there were bandages on the thumbs of the hands of Shanti so the right thumb impression of the foot of Shanti was obtained on Ex. PE". Dying declaration has, therefore, the ring of truth in it. It was held in Khushal Rao v. State of Bombay, AIR 1988 SC 22>; Tara Chand Damu Sutar v. State of Maharashtra, AIR 1962 SC 130; Maniappan v. State of Madras, AIR 1962 SC 1252 and Gopal Singh and another v. State of M.P. and another, AIR 1972 SC 1557 :-