RATI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASHA Devi wife of Jagdish son of Rati Ram is the deceased in this case. On 5.4.1996 at 7.30 A.M. she received burn injuries while staying in the house of her in-laws at village Bhojpur within the jurisdiction of police station Sadar Jagadhri. She was removed to the Civil Hospital, Jagadhri where her statement was recorded on the same day by Ms. Sarita Gupta, Judicial Magistrate, Ist Class, Jagadhri at 12.05 P.M., on the basis of which formal FIR was recorded under Section 307/149 IPC. Special report was sent to the Illaqa Magistrate and other senior police officials. It reached the concerned Magistrate at 5.30 P.M. on the same day. While being removed to PGI, she succumbed to her burn injuries enroute. The main offence was, thus, altered into Section 302 IPC. Asha Devi (since deceased) pointed her accusing finger on the following persons of her in-laws' family in her statement (now dying declaration) :-

(2.) ALL the aforesaid persons have suffered conviction vide impugned judgment dated 28.10.1998 of learned Additional Sessions Judge, Yamuna Nagar (Jagadhri) and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each, in default of payment of which to suffer further RI for two months under Section 302 IPC.

(3.) SINCE the case of the prosecution revolves around the dying declaration made by Asha Devi, it would be proper to reproduce the English translation of its vernacular (Hindi version). But before that, the sequence of timing prior to the recording of the said dying declaration is also important.