STATE OF HARYANA Vs. NARESH KUMAR

JUDGEMENT

(1.) STATE of Haryana has filed the present Crl.Appeal No. 266- DBA of 1992 and it has been directed against the judgment dated 2.12.1991 passed by the Court of Additional Sessions Judge, Panipat who acquitted Naresh Kumar and Smt. Ram Kali in case FIR No. 306 Dated 27.7.1991 under Sections 302/304-B of the Indian Penal Code, registered at Police Station Sadar Panipat.

(2.) NARESH Kumar son of Shri Sadhu Ram, a young man of 20 years and his mother Smt. Ram Kali, wife of Shri Sadhu Ram aged 40 years, household, faced a criminal charge, on the allegations that on 25.7.1991 in the area of Police Station City, Panipat, they committed cruelty towards Smt. Sheela, wife of Naresh Kumar accused, by demanding Rs. 12,000/- from her parents and thereby they allegedly committed an offence punishable under Section 498-A of the Indian Penal Code. Secondly at about 1.30 P.M. on the same day, time and place, they put Smt. Sheela on fire, consequent upon which she died within seven years of her marriage. Her actual death took place on 30.7.1991 under un-natural circumstances and thereby both the accused committed offence punishable under the Indian Penal Code.

(3.) ON receipt of the ruqa of the doctor with regard to the arrival of Smt. Sheela in the hospital, ASI Sat Pal Singh went to the hospital along with police party. He recorded the statement of Smt. Sheela. He received the medico-legal report. The body of Sheela received 95% to 99% burns. Therefore, Shri Surinder Kumar Chief Judicial Magistrate was called to record the dying declaration of Sheela Devi. The said statement was recorded by the learned Chief Judicial Magistrate in his own handwriting after the opinion of the doctor. Initially the case was registered under Sections 498-A and 307 IPC. The statement of Smt. Sheela was sent to the Police Station for the registration of the case, on the basis of which formal FIR No. 306 dated 25.7.1991 was recorded. The Thanedar visited the place of occurrence and took into possession one plastic can vide recovery memo Ex. PA. He drafted request Ex. PE/1 and it was presented before the learned Chief Judicial Magistrate, Panipat for recording the statement of Smt. Sheela. Smt. Sheela expired in the hospital. As a result of which, the Thanedar prepared inquest report on 31.7.1991 in the presence of Rakam Singh and Sadhu Ram 25.7.1991. First of all the medico-legal examination of Smt. Sheela was conducted and thereafter on 31.7.1991 the post mortem on the dead body was conducted by the doctor.