PREM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against an order passed by the learned Sessions Judge, Kaithal on 01.09.2009 convicting the appellant for an offence under Section 302 Indian Penal Code (for short 'IPC') and the order dated 03.09.2009 sentencing the appellant to undergo imprisonment for life and to pay a fine of Rs. 5000/ -. In default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for a period of 6 months. The prosecution case was set in motion on the statement of Pinky, wife of the present appellant, made to ASI Satbir Singh of Police Station Kaithal in PGI Rohtak on 09.05.2007 at around 3:40 P.M. She stated that her marriage was solemnized with Prem Kumar, resident of Bhiwani, about 11 years ago and out of wedlock they have got two sons, Gaurav aged 9 years and Gopal aged 5 years. On 20.04.2007, she along with her husband and son Gopal came to meet her brother -in -law Raj Kumar (elder brother of her husband), who supplies toys and sweets from Delhi to Kaithal. Her husband Prem Kumar used to drink daily since the day of marriage and also abused and beat her. She along with her husband and son Gopal were living in a separate room at the house of her brother -in -law Raj Kumar and used to make meals on iron stove. On 05.05.2007 at about 3:00 P.M., her husband came to house after taking drinks and started abusing her. She told him to take meals but he did not eat food but he got angry, put kerosene oil in a glass from the stove and set her ablaze. On raising alarm, her brother -in -law Raj Kumar and his wife Parveen came from their room and doused flames. Raj Kumar shifted her to hospital of Dr. Goel. Doctor referred her to PGI Rohtak. Her husband has poured kerosene oil on her for killing.

(2.) ON the basis of said statement Ex. PA, a ruqa was sent by ASI Satbir Singh to Police Station Kaithal and on such ruqa, an F.I.R. for an offence under Section 307 IPC was lodged at 8:30 P.M. ASI Satbir Singh made a request to Duty Magistrate for recording the statement of injured -Pinky on 09.05.2007 vide Ex. PC. Learned Duty Magistrate passed an order that such application has been presented at 4:15 P.M. vide Ex. PC/1. He recorded that he is proceeding to PGI to record statement of Pinky. In hospital, the Duty Magistrate sought opinion of the doctor as to whether injured -Pinky is fit to make statement or not. Dr. Vijay, Junior Resident, has endorsed that patient is fit to give statement at about 4:30 P.M. vide Ex. PC/2. Thereafter, the learned Magistrate proceeded to record statement Ex. PD. In the preface to recording of statement, it has been recorded that there is no other person present around bed No. 67 where patient Pinky is lying. He has also recorded that she is in fit state of mind to release statement and is not under pressure, duress or threat. After stating that his husband is a drunkard and beats her and also that he has not taken meals on that day, she proceeded to state that she felt harassed due to taunts and beatings by her husband. She herself put the kerosene oil from the stove and her husband set her ablaze. On alarm, her brother -in -law Raj Kumar and sister -in -law Parveen came and put off the flames.

(3.) PW -9 Dr. V.K. Kataria conducted post mortem on the dead body on 13.05.2007. He proved the post mortem report Ex. PN and deposed that cause of death was burns and its complications. The Investigating Officer ASI Satbir Singh also recorded the statement of father of Pinky namely Narain Dutt, who was examined as PW -6, though he himself appeared as PW -7. The learned Magistrate who recorded the statement, Ex. PD, has been examined as PW -4.