RAJ RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) From 8,12 p.m. to 8.45 p.m. on August 20, 1988 inside General Hospital, Kamal, Shrimati Archana (flow deceased) made the following dying declaration to Mrs. Navita Parsoon, learned Judicial magistrate 1st Class, Kamal. It reads, TIJ received the message at 8.10 p.m. I reached the hospital afg.20 p.m. All persons have been sent out be the room. Q. 1. What is your name? Ans: Archna. Q. 2. What is the name of your husband? Ans: Sat Pal. Q.3. Your age? Ans: 20 years. Q.4. Where do you reside? Ans: Karnal. Q.5. How did you catch fire? Ans: I was preparing Daal on the Gas. Q.6. Who else was in the house? Ans: My son was on the roof top, Ankush by name. Q.7. How did you catch fire? Ans: Jhai put me on fire, who is my mother-in-law. Q.8. Dont have any fear, tell how you got fire? Ans: My mother-in-law poured oil on me and she put me on fire. Q.9. Why did your mother-in-law put you on fire? Ans: There was quarrel every-day. The mother-in-law would not allow me to settle-down. She would pick up quarrels on triffles. She used to say that I have come from a hungry home. I was put on fire in the verandha, outside the kitchen. The doors were closed. My father-in-law was also with my mother-in-law in this activity. My sister-in-law belonging to Shahabad was there. Two Devars (Brother-in-law) were there, Raju and Tity sister-in-law of Shahabad would come almost daily to harass me. All of them interacted (sikh sikha ke) to put me on fire. Q. 10. When you were put on fire did you not scream? Ans: I screamed. The tenants of upper storey came. People from Mohalla also came there. Ram Pal and Shanti came from neighbourhood. Sd! (Navita Parsoon) J.M.I.C. 20. 8. 1988. 8.45 p.m. The patient being in state of shock, it took time to record the statement. But whatever was asked, she replied properly. Her thumbs or both hands and his toes of both feet ware burnt and no impression can be taken, as stated by the doctor. Copy supplied to the police on request Sd! (Navita Parsoon) J.M.I.C. 20. 8. 1988. 8.47 p.m. Formal F.I.R. No. 600 was recorded on its basis in Police Station City Kamal at 11.00 p.m. on August 20, 1988.

(2.) On being charged with the commission of offences under Sections 302/120-B, 304-B and 498-A of the Indian Penal Code, all the six accused and in respect of their separate charges under Sections 302 and 149 of the I.P.C. the remaining five accused excluding Sat Pal, pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated January 11, 1991, the learned trial Court acquitted five out of six accused; convicted only the mother-in-law named Shrimati Raj Rani of the commission of the offence u/s. 302 I.P.C. and sentenced her to undergo imprisonment for life and to pay Rs. 1,000/- as fine for her conviction aforesaid. In default of payment of fine, she was ordered to undergo R.I. for a further period of six months. Feeling aggrieved therefoom the convicted accused has filed Criminal Appeal No. 39-DB of 1991 in this Court. Ranjit Behal brother of the deceased has also filed Cr1. Revision No. 569 of 1991 against the judgment aforesaid.

(3.) We have heard Shri S.C. Sibal, Senior Advocate with Shri R.K. Handa. Advocate for the appellant and Shri D.S. Bishnoi D.A.G. Haryana for the State respondent and have perused the entire relevant material on record very carefully.