SATISH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants challenge judgment and order dated 05.09.2006, passed by the Additional Sessions Judge, Rohtak, convicting them under Sections 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/- each. In default of payment of fine, to undergo further imprisonment of one year.

(2.) The deceased Smt. Rani, was wife of appellant no.1 Satish. Rajesh, appellant no.2, is the younger brother of Satish, whereas Parkasho Devi, appellant no.3, is the mother of Satish and mother-in-law of the deceased. PW7-Dalel Singh, ASI, Police Station, Sadar, Rohtak, received a message from PGIMS, Rohtak, that one Rani wife of Satish has been admitted to the hospital with serious burns. Dalel Singh, went to police post PGIMS, Rohtak, collected a ruqa along with the medico legal report and filed an application, dated 25.04.2005, Ex.P12 seeking opinion of the doctor whether Rani is fit to make a statement. The doctor declared Rani unfit to make a statement, vide Endst. Ex.P23. On 26.04.2005 at 10.20 AM, Dalel Singh moved another application and requested the doctor to opine whether the patient is fit to make a statement. The doctor, vide Endst. Ex.P24, recorded an opinion that the patient "is fit to make a statement". Dalel Singh, immediately forwarded a request, Ex.P17, to the learned Duty Magistrate, Rohtak, to record the statement of Rani. Shri Kuldeep Singh, Judicial Magistrate Ist Class, Rohtak, PW8, recorded the statement of Rani, Ex.P19, on 26.04.2005 at 11.15 AM. After the statement was recorded, the doctor made an endorsement Ex.P25, that the patient remained fit during her statement. The learned Magistrate, certified, vide Ex.P-21 that the statement has been recorded in his hand writing, was read over to Rani and she understood her statement before affixing her thumb impression. A carbon copy of the statement was supplied to ASI Dalel Singh, who forwarded a ruqa to Police Station Sadar, which led to the registration of FIR No.91, dated 26.04.2005, under Sections 307/34 of the Indian Penal Code.

(3.) Smt. Rani, passed away on 29.04.2005. An application dated 29.04.2005, Ex.P2 was forwarded to the doctor for conducting post mortem examination. The post mortem was conducted by Dr. Ritu Koda, who opined that cause of death is ante mortem burns and its complications that were sufficient to cause death in the ordinary course of nature. A rough site plan, Ex.P14, of the place of occurrence was prepared, statements of witnesses were recorded and the appellants were arrested. During investigation, the Deputy Superintendent of Police, City, Rohtak, arrived at a conclusion that offence under Section 306 of the Indian Penal Code alone is made out. A challan was, therefore, filed under Section 306 of the Indian Penal Code. After considering the dying declaration and the other material on record, the trial court framed a charge under Sections 302/34 of the Indian Penal Code but as the appellants pleaded not guilty, directed the prosecution to lead evidence.